Under Therasense, an accused infringer must demonstrate that the patentee intended to deceive the USPTO.

FORBES: The Shifting Demarcations of the Inequitable Conduct Doctrine

Knowledge must be proven by clear and convincing evidence that the patentee knew of the withheld material reference.

FORBES: The Shifting Demarcations of the Inequitable Conduct Doctrine

This change could force a compulsory license on the patentee -- and likely violate the "exclusive" ownership rights guaranteed in the Constitution and essential to U.S. innovation.

CENTERFORSECURITYPOLICY: Center For Security Policy

At root, this case tests whether courts can realistically enforce their judgments, including, as in this case, the judgment that a patentee has been denied the right to control the use of its patent.

FORBES: TiVo V. EchoStar: Abusing The Courts Instead Of Respecting The Patent

Not only might the patentee inadvertently destroy his own patent, but his very act of making these kinds of statements could itself become a source of future litigation as accused infringers look for any misstatement.

FORBES: New Patent Regs May Inspire More Litigation, Not Less