Aqualung Inferred: Inequitable Conduct in Regeneron Pharmaceuticals Inc. v Merus N.V

Inventors, attorneys and others involved in the filing and prosecution of a patent application owe a duty to disclose to the US Patent & Trademark Office any material information that could affect the patentability of the claimed subject matter. A granted patent can be held unenforceable for inequitable conduct where material prior art is withheld with an intent to deceive the USPTO.

Where inventors failed to disclose four material prior art references, an adverse inference of bad intent was drawn based on litigation misconduct.