Richard H. Brown

Richard H. Brown, Jonathan B. Tropp, Catherine Dugan O'Connor | Day Pitney LLP

Patent cases frequently include claims that the patentee hid material information from the Patent Office in an attempt to secure issuance of the patent. If proven, inequitable conduct can be a powerful defense, rendering the patent unenforceable. Yet the frequency with which such charges have been...

Richard H. Brown, Charles Allen Yuen | Day Pitney LLP

In the context of patent infringement suits, the phrase "inequitable conduct" describes a doctrine normally pled as an affirmative defense to allegations of infringement. This doctrine allows the federal courts to review the ex parte conduct of applicants for patents before the United States Patent...