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.