This Special Report of the newsletter Patent Happenings,® written by the author of the Annotated Patent Digest, presents an analysis of Exergen Corp. v. Wal-Mart Stores, Inc.: the opinion the Federal Circuit handed down on Aug. 4, that significantly toughens-up the requirements to plead allegations of inequitable conduct. Although the opinion is not an en banc opinion, and does not modify the substantive law on inequitable conduct, the opinion will likely have widespread practical impact in motion practice in patent litigation.
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