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Patent Defendant Can Allege ‘Inequitable Conduct’ (access required)

In this patent infringement case involving a drug to treat erectile dysfunction, a Norfolk U.S. District Court says defendant may amend its answer and counterclaim to allege that the ‘012 patent is invalid because plaintiff engaged in inequitable conduct during its prosecution and reexamination of the ‘012 patent. The inequitable conduct defendant alleges is that ...

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