What are the consequences of failing to disclose material information from litigation?
Failing to disclose material information from litigation can have serious consequences, as highlighted in MPEP 2001.06(c). The MPEP cites a significant case: “See Critikon, Inc. v. Becton Dickinson Vascular Access, Inc., 120 F.3d 1253, 1258-59, 43 USPQ2d 1666, 1670-71 (Fed. Cir. 1997) (patent held unenforceable due to inequitable conduct based on patentee’s failure to disclose…
Read MoreWhat 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…
Read MoreWhat are the consequences of failing to notify the USPTO of prior or concurrent proceedings?
Failing to notify the USPTO of prior or concurrent proceedings can have serious consequences. According to MPEP 1418: “Failure to notify the Office of any prior or concurrent proceeding may result in sanctions under 37 CFR 11.18.” These sanctions can include disciplinary action against the patent practitioner or the patent owner. Additionally, failure to disclose…
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