Vol. 1 No. 1, Fall 2009; Current Trends in Inequitable Conduct are Adverse to Patent Policy as Seen Through the Exemplary Case of Big Pharma
Austin, Joshua M.
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This Comment explores the rather difficult and rapidly changing field of patent law, discussing specifically the doctrine of inequitable conduct, a defense raised by the infringing party by which a patent can be rendered unenforceable. Recent trends in inequitable conduct, as it has been used by the Federal Circuit, have made this confusing area of law even more so. This comment identifies these confusions and the Federal Circuit’s failure to maintain clear cut precedent. This Comment further discusses the impacts of these current trends, postulating that these trends go so far as to undercut the principal policy purposes behind patent law itself. Finally, this Comment will give a concrete example of the impact of these trends and uncertainties by looking at an industry particularly impacted by such rules, that of Big Pharmaceutical companies.