Sentences with phrase «inequitable conduct»

These rules will undoubtedly increase costs and risk of inequitable conduct on patent applicants which will decrease the incentive for investors to invest in innovation activities of all types.»

Trial counsel in successful patent litigation defending flashlight manufacturer in the Eastern District of Wisconsin with over $ 30 million at stake; patent was declared unenforceable for inequitable conduct before the PTO and attorneys» fees were rewarded.

Armament Systems & Procedures v Zen Design Group, Case No. 00 - C - 1257 (E.D. Wis. 2007): Lead counsel in successful patent litigation defending flashlight manufacturer in the Eastern District of Wisconsin with over $ 30 million at stake; patent was declared unenforceable for inequitable conduct before the PTO and attorneys» fees were rewarded.

To counter those problems, the court tightened the standards for proving inequitable conduct, which the majority estimated plays a role in up to 80 % of patent cases.

After a bench trial, the ITC found that the asserted claims were invalid and that the patentee had committed inequitable conduct.

However, use of the ® symbol in the US with an unregistered mark could be considered fraud on the public or inequitable conduct which justifies denying relief in a trade - mark infringement action.

These heightened substantive and evidentiary standards, along with previous panel decisions imposing detailed pleading requirements, will almost surely reduce the number of inequitable conduct allegations.

We obtained a $ 2.1 million jury verdict on behalf of Karsten, with findings of non-infringement, inequitable conduct against the plaintiff, and partial invalidity.

Defendant, in seeking rescission of the parties» prenuptial agreement, failed to carry her burden to demonstrate that the agreement was the product of fraud, duress or other inequitable conduct.

Thus, because the district court's findings on materiality and intent were not clearly erroneous, the district court did not abuse its discretion in determining that HOTF procured the» 993 patent through inequitable conduct, rendering the patent unenforceable.

The court in Corlac was careful to limit s. 53 of the Patent Act to wilful and material misstatements in a petition, and reluctant to follow the US approach of inequitable conduct — the «atomic bomb» of patent law.

TheraSense will be welcomed by the patent prosecution bar and patentees, as it significantly raises the bar for accused infringers seeking to prove inequitable conduct.

There were only six awards granted between January 1, 2010, and December 31, 2012 on contested, patent - specific judgments in the same period, where the judgment was predicated on litigation misconduct or frivolous, bad faith litigation and not on default, willful infringement, or inequitable conduct before the U.S. Patent and Trademark Office.

While the author has yet to see a Canadian court address the use of the ® symbol with a unregistered trade - mark, the author discourages such use in the event it is found by a Canadian court to be fraudulent or inequitable conduct.

The six - member majority (Chief Judge Rader joined by Judges Newman, Lourie, Linn, Moore, and Reyna) surveyed the history of the inequitable conduct doctrine and its development into the «atomic bomb» of patent law.

In a comprehensive study on the inequitable conduct defense, Lex Machina reports on inequitable conduct findings in federal district court patent litigation cases terminated between January 1, 2005 and May 31, 2010.