MBHB Partner Kevin Noonan Authors DDNEWS Article Entitled, “Patent Docs: Federal Circuit Loosens Requirements for Finding Inequitable Conduct”

McDonnell Boehnen Hulbert & Berghoff LLP partner Dr. Kevin E. Noonan authored an article entitled, ” Patent Docs: Federal Circuit Loosens Requirements for Finding Inequitable Conduct” that appears in the September 2017 online edition of DDNEWS.  Earlier this month, the Federal Circuit affirmed a decision by a district court that the patent at issue before it had been obtained through inequitable conduct. However, contrary to prevailing standards the district court used litigation misconduct rather than malfeasance during patent prosecution to justify its decision, raising fears that lawyers involved in obtaining patents for their clients may be found liable for conduct of (other) lawyers representing their clients in litigation. View the article

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