Burden of Proof Buffers Patent Owner Misconduct in Patent Revival Case

by Dennis Crouch

A jury in Judge Albright's W.D.Tex. court sided with Amazon - finding no infringement. On appeal, the Federal Circuit has affirmed -- particularly affirming Judge Albright rejection of Freshub's post-verdict motions. Freshub, Inc. v. Amazon.com, Inc., 22-1391 (Fed. Cir. Feb 26, 2024).  In a cross-appeal, Amazon argues that the district court should have found the patent unenforceable due to inequitable conduct. That appeal was also rejected. Freshub v Amazon.

No Reversible Error in Denying Inequitable Conduct

I want to use this blog post to focus on the finding of no inequitable conduct.


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