The Resurgence of Inequitable Conduct as a Defense to Patent Infringement (The Special Care Required When Submitting Affidavits to the PTO)

摘要

For over a decade, the inequitable conduct defense to patent infringement has been regarded as a somewhat disfavored defense. Indeed, nearly 20 years ago, the Federal Circuit expressed its distaste for the assertion of the defense in nearly every patent infringement suit, and issued an opinion that served to curtail a district court's discretion to find inequitable conduct. Where the basis of an inequitable conduct allegation was false statements or omissions made in affidavits submitted to the United States Patent and Trademark Office ("PTO"), however, district courts were affordedrnsomewhat broader discretion to find that inequitable conduct had occurred.