Article
What U.S. Patent Holders Need To Know About Inequitable Conduct Right Now
Patent applicants who intentionally misrepresent or withhold material information from the USPTO face severe consequences, including complete unenforceability of their patents. Recent Federal Circuit decisions demonstrate how courts apply the rigorous but-for materiality and specific intent standards established in Therasense, while confirming that inequitable conduct remains a powerful defense when intentional misconduct can be proven.
Crowell & Moring LLP