Effect Of Finding Inequitable Conduct

  • Inequitable Conduct On One Claim Taints All Claims Of Patent: Inequitable conduct as to any claim renders all claims of patent unenforceable. Kingsdown Med. (Fed. Cir. 12/21/88) (en banc).
  • Inequitable Conduct May Taint Continuation Patents: If a party engages in inequitable conduct with respect to certain claims, that may taint later continuation patents if the subject matter is related and there is an “immediate and necessary relation” between the inequitable conduct and the equity the patent owner seeks. Consol. Aluminum (Fed. Cir. 07/19/90). More likely to taint continuation patents than divisional patents.