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.