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Prospectively Curing Inequitable Conduct Through Reissue: Reconsidering A "Well-Settled Principle", Daniel A. Klein

Daniel A Klein

CURRENTLY IN PRESS WITH THE SANTA CLARA COMPUTER & HIGH TECHNOLOGY LAW JOURNAL. PLEASE USE THE CHTLJ CITATION TO REFERENCE THIS ARTICLE WHEN IT BECOMES AVAILABLE. Inequitable conduct is an equitable doctrine that renders a patent unenforceable upon a finding that the patentee has breached the duty of candor and good faith owed to the U.S. Patent and Trademark Office during prosecution of a patent application. In Aventis Pharma S.A. v. Amphastar Pharmaceuticals, the Court of Appeals for the Federal Circuit held that Aventis’s asserted patent was unenforceable for inequitable conduct. However, prior to filing its infringement action, Aventis had …