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Fillable Inequitable Conduct and the Duty to Disclose

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Inequitable Conduct and the Duty to Disclose Tonya Drake March 2, 2010 Inequitable conduct Defense to patent infringement ­ A finding of inequitable conduct will render a patent unenforceable ­ Claims may still be valid, but be unenforceable 2 Inequitable conduct allegations 45.00% 40.00% 35.00% 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% Percentage of cases including an allegation of inequitable conduct 2000 2001 2002 2003 2004 2005 2006 2007 2008 Inequitable Conduct litigation "has become an absolute plague More


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