Patent Litigation: Unenforceability Defenses | Practical Law

Patent Litigation: Unenforceability Defenses | Practical Law

A Practice Note discussing patent unenforceability defenses to patent infringement claims, including inequitable conduct before the US Patent and Trademark Office (USPTO), unclean hands, and patent misuse. It discusses the elements of these defenses and practical considerations for both accused infringers and patent owners for litigating them through the pleadings stage, discovery, summary judgment, and trial. 

Patent Litigation: Unenforceability Defenses

Practical Law Practice Note 0-607-7106 (Approx. 20 pages)

Patent Litigation: Unenforceability Defenses

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Practice Note discussing patent unenforceability defenses to patent infringement claims, including inequitable conduct before the US Patent and Trademark Office (USPTO), unclean hands, and patent misuse. It discusses the elements of these defenses and practical considerations for both accused infringers and patent owners for litigating them through the pleadings stage, discovery, summary judgment, and trial.