Tuesday, February 22, 2005

Partnership held liable for inequitable conduct of partner

In Evident v. Dwight and Church, we see the aftermath of a poorly-thought out patent litigation. The patent was declared unenforceable for withholding references and attorneys fees were gained by the defendant.

The CAFC cites Cybor, 138 F3d 1448, and Stevens, 822 F2d 1047, among others. The case delves into the responsibility of one partner for the acts of other partners, citing Malanga, 146 A2d 105 (NJ 1958).

Compare this case to Nelson v. Adams.

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