Playing with fire – Inequitable conduct results in outsized antitrust award

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Abstract: Bringing a patent infringement lawsuit always comes with certain financial risks — but such suits rarely conclude with the patent holder being ordered to pay $26 million in antitrust damages. This article provides details on the Federal Circuit case TransWeb, LLC v. 3M Innovative Properties Co. and shows how the patent holder’s inequitable conduct backfired. A sidebar discusses how the same court found a proper basis for damages. TransWeb, LLC v. 3M Innovative Properties Co., No. 14-1646, Feb. 10, 2016 (Fed. Cir.)