A Current Look at the State of Inequitable Conduct and Other Equitable Concerns

Abstract

Inequitable conduct is an “equitable defense to patent infringement that, if proved, bars enforcement of a patent. ” Therasense, Inc. v. Becton, Dickinson & Co. , 649 F. 3d 1276, 1285 (Fed. Cir. 2011) (en banc). “Unlike invalidity defenses, which are claim specific, . . . inequitable conduct regarding any single claim renders the entire patent unenforceable. ” Id. at 1288. Additionally, case law exists stating that inequitable conduct cannot be cured by reissue or reexamination. Id.

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