Looking with an Equitable Lens at Hold-Ups of Standard Setting: Qua/comm v. Broadcom's Remedy for Misuse


A close look at Qualcomm v. Broadcom and a study of the equitable roots of the 'patent misuse' doctrine indicates that there remains a viable doctrine where the conduct is outside the prosecution of the application. While the Leahy-Smith America Invents Act impacts what had frequently been called 'patent fraud' -- misconduct such as nondisclosure of prior art -- equitable misuse originally had, and should still have, continued viability because it is based more broadly on unclean hands.

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Published In: Antitrust & Trade Regulation Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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