Lectures & Articles

Proving fraud ‘to the hilt’

Robert J. Kenney & Katherine M. Peden

Since the Federal Circuit re-established the appropriate standard for
proving fraud against the US Patent and Trademark Office (USPTO) to be
“clear and convincing evidence” of deceptive intent in its August 2009 In
Re Bose Corp. decision, subsequent decisions continue to provide further
guidance on the application of the standard. In September, the Trademark
Trial and Appeal Board (TTAB) offered clarification to the standard as it
applies to the sufficiency of evidence in M.C.I. Foods, Inc. v Bunte.

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