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.