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Expert Analysis

Inequitable Conduct: Rethinking 'Egregious Misconduct'

Law360, New York ( January 9, 2013, 12:16 PM EST) -- The inequitable conduct doctrine, of which defendants in patent litigation have frequently availed themselves, has undergone considerable change recently. In the same month that it reiterated in 1st Media LLC v. Electronic Arts Inc., 694 F.3d 1367 (Fed. Cir. Sept. 13, 2012) the heightened substantive proof requirements for establishing an inequitable conduct defense, the Federal Circuit in a different panel passed on an opportunity to address the seldom-used "egregious misconduct" standard as a backdoor out of the materiality prong in proving up that defense. See Outside the Box Innovations LLC v. Travel Caddy Inc. 695 F.3d 1285 (Fed. Cir. Sept. 21, 2012)....

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