Fletcher YoderThe Trademark Trial and Appeal Board (TTAB) held that “reckless disregard” for the truth or falsity of Declaration(s) submitted during the course of trademark application process is sufficient for a finding of fraud on the USPTO.
A plaintiff may bring a Walker Process claim against a patentee based on threatened enforcement of a fraudulently-obtained patent against the plaintiff’s customers.
Under the patent disclosure policy of JEDEC, a participant in standards development had a duty to disclose patents or patent applications containing claims that would require a license to practice a particular standard. No duty of disclosure exists prior to the beginning of development of a specific standard.