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Expert Analysis

Courts Are Aligning Patent Fraud, Inequitable Conduct Claims

By Anne Brody and Elisabeth Ponce ( May 18, 2021, 5:48 PM EDT) -- Prior to 2011, inequitable conduct, a defense to a patent infringement claim, was considered and analyzed as a lesser charge than Walker Process fraud — an antitrust claim alleging unlawful monopolization through the enforcement of a patent obtained by fraud on the U.S. Patent and Trademark Office, derived from the 1965 U.S. Supreme Court decision Walker Process Equipment Inc. v. Food Machinery & Chemical Corp.[1]...

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