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Thinking About Fraud (cont.): Why Look to Patent Law for the Trademark Fraud Standard?

In its fraud analysis in In re Bose Corporation, 91 USPQ2d 1938 (Fed. Cir. 2009), the CAFC relied on various precedents involving inequitable conduct in the patent arena. As Joe Dreitler has pointed out (for example, here), trademark fraud and patent inequitable conduct are completely different beasts, and they should be treated differently. But the CAFC, relying on its patent rulings, has now completely knocked the props out from under the TTAB's fraud jurisprudence, and it may take some time to build it up again.Generally speaking, a patent is a government grant of an exclusive right, for a limited time, to make, use, and sell a particular invention. If a patent is held unenforceable due to inequitable conduct, the patentee is left with nothing...continue to full post

Full post as published by The TTABlog on January 27, 2010 (boomark / email).