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Exergen: Putting a Crimp on Inequitable Conduct?

December 02, 2009

By PRESTON RATLIFF II

Inequitable conduct has been called a plague on the patent system. Intellectual property partner Preston Ratliff discusses Exergen Corp. v. Wal-Mart Stores Inc., how the Federal Circuits decision in this matter may be interpreted as an attempt to reign in the defense of inequitable conduct, how Exergen has changed the pleading requirements for inequitable conduct, and Exergen’s overall impact of the practice of patent law.

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