United States: Is "Burying" Important Prior Art In A Large Number Of Insignificant References Inequitable Conduct In USPTO Patent Prosecution? - Osha Bergman Watanabe & Burton LLP

Credit: Mondaq- Published on September 5, 2023
Several recent cases illustrate a continuing and evolving split among the different federal district courts as to whether a defense of inequitable conduct can successfully be based on "burying."

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