Misconduct in civil litigation is not a new phenomenon. Nor is it confined to particular types of cases. Because of their characteristic intensity. however, intellectual property cases may be more likely to inspire bad behavior than other types of cases. The associated pressures seem, on...

Note: This version expands upon and augments the analysis outlined in the earlier summary version of this paper. A growing chorus of voices is calling for reform or even elimination of the doctrine of inequitable conduct. Critics argue that innocent or even irrelevant prosecution mistakes can be...

A growing chorus of voices is calling for reform or even elimination of the doctrine of inequitable conduct. Critics argue that innocent or even irrelevant prosecution mistakes can be met with the ultimate penalty: unenforceability of the entire patent. There is no question the doctrine is in...

The last several years have witnessed a flurry of transformative patent reform activity. The Supreme Court has issued key rulings affecting the availability of injunctive and declaratory relief, revised the law of obviousness, and limited the extraterritorial reach of the patent act. Now...

A pending legislative proposal would authorize the U.S. Patent and Trademark Office (USPTO) to undertake a “supplemental examination” of an issued patent to “consider, reconsider, or correct information believed to be relevant to the patent.” It would further bar the federal courts from...

Recent patent-related judicial developments and legislative proposals have implications for the business of technology commercialization. This paper summarizes the most significant of these developments and proposals, and highlights their potential implications for technology commercialization...

The last several years have seen a general trend in the direction of expansion of the doctrine of inequitable conduct. This paper identifies several discrete dimensions of that expansion, including judicial reaffirmation of an expansive materiality standard, a lengthening list of categories of...