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To: Cooters who wrote (79579)	9/6/2000 11:51:16 PM
From: JGoren	Read Replies (2) \| Respond to of 152472

OT: PATENT QUESTION. In the Amgen lawsuit, the position is being taken that the failure to disclose the existence of the patent lawsuit constituted fraud in the application. Is there any case law supporting that position. It seems to me that unless the lawsuit plaintiff will probably win, there can be no obligation to disclose. Anyone can file a lawsuit--which can have merit, be frivolous, or seek to establish new law. To require disclosure would create the danger of establishing the incentive for companies to file precipitous lawsuits just to get the PTO hold off making a decision until the case is determined, thereby encouraging litigation. Any patent lawyers out there who can help? pm me unless the thread thinks the question is of general interest.