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Teva initially claimed the patent was invalid due to obviousness, but eventually changed its defense to inequitable conduct.
FORBES: Teva Agrees To End IP Suit Over Aricept Patent
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These NPEs must uncover evidence of infringement, rule out prior art and inequitable conduct, and interact at length with the patent office.
FORBES: Not So Scary, After All: In Defense Of Patent Trolls
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Essentially, the PTO assumed every instance in which inequitable conduct might be charged will necessarily result in a supplemental examination request being submitted.
FORBES: New Patent Regs May Inspire More Litigation, Not Less
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The PTO multiplied the total number of all patent applications filed by the rate at which all issued patents might potentially be subject to a charge of inequitable conduct historically.
FORBES: New Patent Regs May Inspire More Litigation, Not Less
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In April 2007, Teva stipulated that its proposed generic could infringe some claims of the asserted patent unless those claims were found unenforceable, as they would be if Teva prevailed on its theory of inequitable conduct.
FORBES: Teva Agrees To End IP Suit Over Aricept Patent
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Teva also sought discovery of communications between Eisai and the USPTO related to any abandoned patent applications that involved derivatives of benzylpiperidine, the active chemical in Aricept, on the grounds that they also might contain information to support the inequitable conduct defense.
FORBES: Teva Agrees To End IP Suit Over Aricept Patent