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

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

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