Patentee doublethink in regulatory submissions and patent prosecution is inequitable conduct: Belcher v. Hospira (US)
The IPKat
SEPTEMBER 23, 2021
Crucially, a patent granted in the absence of compliance with the duty of disclosure is considered fraudulently obtained, and therefore unenforceable. Inequitable conduct has been called the "atomic bomb of patent law" ( Aventis v. The solution provided by the patent was a L-adrenaline formulation having a high pH (2.8-3.3).
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