June 11, 2014
- 291 Patents
- 291IV Applications and Proceedings Thereon
- 291k97.7 Unenforceability of Patent; Inequitable Conduct or Fraud on Office
- 291k97.11 k. Misrepresentation of Material Fact.
A patent issued because of inequitable conduct is rendered unenforceable in its entirety under the “one bad apple” rule, which provides that if either an inventor or a non-inventor deliberately misrepresented to the Patent and Trademark Office (PTO) that he or she invented the patent, that action renders the entire patent unenforceable.
Cyber Acoustics, LLC v. Belkin Intern, Inc., 2013 WL 6842755 (D. Or. 2013)