With no explanation, chose the best option from "A", "B", "C" or "D". only unjust, but also inconsistent with the underlying policies of the patent law, now to base a determination that A & E infringed the patent on information that was not part of the public record at the time A & E designed the 735 Model, regardless of whether that information substantively altered the claims of the original patent. To do so would expose any subsequent inventor who seeks to improve the art to the risk of paying substantial damages by the simple expedient of allowing a patent holder to obtain a reissued patent and then use the changes in that patent in a pending infringement suit in order to prevail with its interpretation of a disputed term. See Stairmaster Sports/Medical Prod. Inc. v. Groupe Procycle, Inc., No. Civ. 97-396(MMS), 1998 WL 290296 (D.Del. May 20, 1998) (<HOLDING>). This potential risk is balanced to a certain

A: holding that copyright infringement defendant failed to prove the affirmative defense of unclean hands which was based on the patent holders marking of its product with an expired patent because there was no evidence that the patent holder had acted with the requisite intent to deceive
B: recognizing risk of allowing patent holder to selfservingly make a reissue declaration that broadens the scope of the claims beyond what was intended by the inventor when the initial patent was first filed
C: holding that  1338a jurisdiction inures when a complaint establishes that federal patent law creates the cause of action or that the plaintiffs right to relief necessarily depends on resolution of a substantial question of federal patent law in that patent law is a necessary element of one of the wellpleaded claims
D: holding a nonparty to a patent infringement suit who funded an unsuccessful challenge to a patent could not file a subsequent lawsuit again challenging the patent
B.