Inequitable conduct claims can add upwards of a million dollars to patent litigation, and adverse rulings can tank legal careers and corporate profits. The U.S. Court of Appeals for the Federal ...
A patent applicant's misconduct during the prosecution of a patent can render the patent unenforceable under the doctrine of “inequitable conduct.” A recent U.S. Court of Appeals for the Federal ...
Frederick Frei and Sean Wooden analyse case law around inequitable conduct one year after the landmark decision in Therasense v Becton Dickinson, and find that the defence remains viable The May 25 ...
In its much-anticipated decision in Therasense, Inc. v. Becton, Dickinson and Co., et al., the Federal Circuit (the U.S. appeals court with jurisdiction over patent cases) in May substantially raised ...
At the AIPLA Annual Meeting in Washington DC last October, Michel appealed to attendees to help clarify the doctrine of inequitable conduct by bringing cases that raise the subject before the court.
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Although the patent prosecution process is adversarial in nature, patent practitioners must be keenly aware of their duty to maintain the integrity of any subsequently issued patent by supplying the ...
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“Complacency with respect to the duty of candor is a very dangerous thing. Like feeding a gremlin after midnight, it seems innocent enough, but you just can’t do it!” Once upon a time the threat of ...