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Patent Practice Professional Liability Reporter Your Pacific Northwest Law Firm

Monthly Archives: August 2010

How a “Plague” of Inequitable Conduct Charges Curiously Became a “Scourge” and Why We Should Guard Against the Use of Pejorative Patent Terminology

Posted in Inequitable Conduct

  Infectious disease terminology serves as the reigning metaphor in Federal Circuit cases decrying the rampant assertion of inequitable conduct defenses in patent litigation. The Federal Circuit’s first use of the word plague in this context can be traced back to Burlington Indus., Inc. v. Dayco Corp., 849 F.2d 1418, 1422 (Fed. Cir.1988), when the court… Continue Reading