Inequitable Conduct Accusations Still Powerful Pharma Patent Litigation Tool Post-Therasense

Bloomberg Law

"In patent litigation, the accusation of 'inequitable conduct' – 'fraud-like' behavior in the Patent Office to obtain a patent – if proven, makes patents unenforceable. The accusation, however, is controversial in the otherwise cerebral world of patent law. The Federal Circuit has described such accusations as a 'plague' upon the system where honorable patent attorneys and scientists have their reputations sullied. Others contend that the lure of obtaining valuable patents through deceit must be deterred."

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Jason Lief Special Counsel, New York