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 ...

In Guardant Health, Inc. v. Foundation Medicine, Inc., 1-17-cv-01616 (DDE 2020-01-07, Order), the Court rejected the Plaintiff’s argument that an inequitable conduct claim must be related only to the ...

“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 ...

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 ...

The Federal Circuit upheld a district court’s finding of inequitable conduct on the basis that appellants and its lawyers intentionally withheld material information involving the on-sale bar from the ...

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 ...

“When a person having a duty of candor and good faith has engaged in serial misconduct during the prosecution of the same or related patents, it is not enough for a court to consider each individual ...

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.

On May 23, the US Court of Appeals for the Federal Circuit's (CAFC) ruling in Therasense vs. Becton Dickinson & Company raised the standards for charging inequitable conduct. This is good news for ...

The 'inequitable conduct doctrine' -- which allows federal judges to void patents upon a finding that a company deceived the PTO to get the patent -- has led to a heated battle in Congress, pitting ...

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