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[7WashJLTech&Arts353] Patent Law's Falstaff: Inequitable Conduct, the Federal Circuit, and Therasense

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dc.contributor.author Golden, John M
dc.date.accessioned 2012-06-04T16:23:33Z
dc.date.available 2012-06-04T16:23:33Z
dc.date.issued 2012-06
dc.identifier.citation 7 Wash.J.L. Tech & Arts 353 (2012) en_US
dc.identifier.issn 2157-2534
dc.identifier.uri http://hdl.handle.net/1773.1/1126
dc.description vol.7 no.4, Spring 2012 Symposium: Chief Judge Randall R. Rader's Contribution to U.S. and Global Intellectual Property Law and Practice en_US
dc.description.abstract Loomer Family Professor in Law, University of Texas at Austin. For comments relating to an oral presentation that became the basis for this Article, I thank participants in the 2011 High Technology Protection Summit at University of Washington School of Law. Abstract: For decades, the relationship between the U.S. Court of Appeals for the Federal Circuit and patent law’s doctrine of inequitable conduct has resembled that between Shakespeare’s Prince Hal and John Falstaff. The former recognizes the excess, the deservedly ill repute, even the at least occasional wickedness of the latter, but cannot tear away from his close companion. Likewise, for decades, Federal Circuit judges have criticized the excesses of the defense of inequitable conduct, which can render a patent unenforceable as a result of misrepresentation or nondisclosure to the U.S. Patent and Trademark Office. Nevertheless, U.S. patent law remains wedded to the defense’s existence. Without a real option of repudiating the defense, the Federal Circuit has instead sought to guide and confine the defense’s application in hopes of advancing legitimate aims at acceptable social cost. In this effort, the opinion for the en banc Federal Circuit written by Chief Judge Randall Rader in Therasense, Inc. v. Becton, Dickinson & Co. figures prominently. The background, content, and prospects for the Federal Circuit’s legal rulings in Therasense are the focus of this Article. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Journal of Law, Technology & Arts, University of Washington School of Law en_US
dc.subject Intellectual Property en_US
dc.subject Chief Judge Rader's Contribution to Intellectual Property Law and Practice en_US
dc.title [7WashJLTech&Arts353] Patent Law's Falstaff: Inequitable Conduct, the Federal Circuit, and Therasense en_US
dc.type Article en_US
dc.rights.holder Copyright 2012 John M. Golden en_US

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