Unenforceability of Patents Due to Applicant's Inequitable Conduct: A Discussion on Apotex Inc. v. UCB, Inc.

This article examines the U.S. patent law doctrine of inequitable conduct and its severe consequences on patent enforceability. By analyzing the Federal Circuit's decision in Apotex Inc. v. UCB, Inc., the article provides strategic insights into the risks of withholding material prior art or information from the USPTO during prosecution..