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  • Writer's pictureKirk Hartley

Protecting a Legal System Against Inequitable Conduct

This recent NLJ article by Sheri Qualters caught my eye because of the headline:

"Company president’s conduct renders patent unenforceable

Split Federal Circuit panel made the ruling even though president was neither the inventor nor the patent filer"

According to the article, an apparently respected patent lawyer explained the outcome as follows:

"The moral of the story is the Federal Circuit is defending the patent system by saying you’re not allowed to hide things and lie. That’s what inequitable conduct is about and what the duty of candor is all about."

One would like to think and hope that all legal systems do indeed defend themselves, and prohibit inequitable conduct and deceit. But is that really the case ?

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