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In patent and other types of lawsuits, an equitable defence is permitted where a defendant has a burden of proving that the plaintiff has acted unethically or has acted in bad faith with respect to the subject matter of the complaint. It is sometimes referred to as the ‘unclean hands’ doctrine, where those seeking equity must do equity. A judge has the power to sanction attorneys and parties.
Paul J Sutton, jurisdiction report, patent, bad faith, Sutton Magidoff, US Court of Appeals for the Federal Circuit