What is the rationale behind the ‘all or nothing’ approach to patent unenforceability?
The ‘all or nothing’ approach to patent unenforceability due to inequitable conduct is based on the principle that such misconduct affects the entire patent right. MPEP 2016 cites the Gemveto Jewelry Co. v. Lambert Bros., Inc. case, which explains: “The gravamen of the fraud defense is that the patentee has failed to discharge his duty…
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