Wrong about Everything: The Application by the District Courts of Rule 9(b) to Inequitable Conduct

Hricik, David C.

Wrong about Everything: The Application by the District Courts of Rule 9(b) to Inequitable Conduct

Marquette Law Review, Vol. 86, No. 5, p. 895, 2003

63 Pages Posted: 4 Aug 2017

See all articles by David C. Hricik

David C. Hricik

Mercer University - Walter F. George School of Law

Date Written: August 2, 2003

Abstract

Discusses why Supreme Court precedent and the text of Rule 9(b) forecloses application of Rule 9(b) to inequitable conduct. It discusses existing cases including Leatherman and the distinction between inequitable conduct and Walker Process "fraud."

Keywords: Patents, Inequitable Conduct, FRCP 9(b)

JEL Classification: K

Suggested Citation: Suggested Citation

Hricik, David C., Wrong about Everything: The Application by the District Courts of Rule 9(b) to Inequitable Conduct (August 2, 2003). Marquette Law Review, Vol. 86, No. 5, p. 895, 2003, Available at SSRN: https://ssrn.com/abstract=3012543