Kingsdown 20 Years Later: What It Takes To Prove Inequitable Conduct Is No Clearer

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This article analyzes numerous Federal Circuit decisions on inequitable conduct in the last five years. It is a follow on to an article published in 2004 which demonstrated that there are two distinct lines of authority on the issue of what it takes to prove the deceptive intent element of inequitable conduct. One line of authority properly follows the 1989 en banc decision in the Kingsdown case, and the other line is based on a case that was overruled in Kingsdown. The 2004 article has been cited by two Federal Circuit judges in published opinions.

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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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