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Intellectual Property Litigation: Should Patent Holder’s Misconduct Be Relevant to Inequitable Conduct?
September 13, 2017 read the article
Litigation partner Lew Clayton’s latest intellectual property litigation column, “Should Patent Holder’s Misconduct Be Relevant to Inequitable Conduct?” appeared in the September 13 issue of the New York Law Journal. The authors report on the Regeneron Pharmaceuticals v. Merus case and other cases addressing whether litigation misconduct (as opposed to misconduct during prosecution) can render a patent unenforceable, and offer guidance for practitioners. Litigation associate Michael Milea assisted in the preparation of this article.