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Intellectual Property Litigation: Disclosing Material Information and 'Inequitable Conduct'
February 15, 2006 Full PDF
Partner Lew Clayton's "Intellectual Property Litigation" column in the February 15 New York Law Journal discusses the inequitable conduct doctrine under the Patent Act. According to the article, "the purpose of the inequitable conduct doctrine is to police the patent application process, in which the patent examiner must be able to depend upon the applicant's candor." The article explores the issue in the context of several recent federal circuit cases illustrating difficulties the courts have had applying the doctrine. The article also examines other recent developments in patent, trademark and copyright law. Associate Rochelle Chodock assisted with the preparation of this article.