The Inequitable Conduct 'Plague' in U. S. Patent Litigation: is it Over and is the CAFC Moving Away from an Absolute Liability Standard?

美国专利诉讼中充斥的不公平行为是否已经结束以及联邦巡回上诉法院是否正在偏离绝对责任标准？

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Patent law also provides the following three unique mechanisms, not commonly known by Chinese companies, for competitors to invalidate or make a patent unenforceable. I . Inequitable Conduct.

美国专利法为竞争者使一项专利无效或不具有实施性提供了以下三种独特的机制，而这三种机制并不为中国企业所熟知。

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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

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

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