Intellectual Property
Jan. 4, 2012
The effects of the new standard for inequitable conduct
A new heightened standard may reduce the number of inequitable conduct claims against patents. By David E. Kleinfeld and Jacqueline Lyandres of Goodwin Procter LLP
Recent Federal Circuit case law has changed the standard for when a court can deem a patent unenforceable under the doctrine of inequitable conduct, significantly affecting how and when inequitable conduct allegations will be brought. Until recently, the courts looked at the intent and materiality of an applicant's failure to disclose using a sliding scale test. In Therasense Inc. v. Becton, Dickinson & Co....
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