Fraud and Enforceability: Potential Implications for Federal Circuit Litigation

Authors

Michael Kim

Abstract

Should fraudulent litigation tactics and testimony affect the validity of underlying patents? What results are possible if the enforceability of a patent turns on the conduct of the applying party not only before the Patent and Trademark Office, but also before circuit courts? The author of the following article considers these questions in light of the recent Aptix Corp. case.

Citation

Michael Kim, Fraud and Enforceability: Potential Implications for Federal Circuit Litigation, 1 Duke Law & Technology Review 1-10 (2002)