Law

An overhaul for inequitable conduct claims?

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 ...
JD Supra

Federal Circuit Affirms Inequitable Conduct Without Direct Evidence of Deceptive Intent

On September 1, in Belcher Pharmaceuticals, LLC v. Hospira, Inc., the Federal Circuit affirmed the unenforceability of a patent on grounds the patentee engaged in inequitable conduct during ...
JD Supra

District Court Dismiss Inequitable Conduct Claim Alleging Inferred Knowledge of Prior Art Based on Wide Spread Availability

In California Costume Collections, Inc v. Pandaloon, LLC, 2-21-cv-01323 (CDCA Apr. 7, 2022) (John W. Holcomb), the Central District of California recently considered whether a plaintiff plead an ...
Patently-O

Attorney Fees on Undecided Inequitable Conduct Issues

The UCANN vs. Pure Hemp patent case has come to a close with the Federal Circuit affirming the district court’s decision to deny attorney fees to Pure Hemp. The original infringement lawsuit was filed ...
Patently-O

Not So Sure: Federal Circuit Vacates Summary Judgment of Inequitable Conduct Despite Inventor’s ‘Smoking Gun’ Statement

During patent prosecution, an inventor wrote to his attorney in the margin of a draft declaration: “I am not sure it is a good idea to disclose this document.” The district court called this “a rare ...
Managingip.com

Inequitable conduct claims one year after Therasense

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 Business Journals

Tightening the standard for proving inequitable conduct in patent cases

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 ...
IPWatchdog

Federal Circuit Says District Court Erred in Assessing Inequitable Conduct in Toddler Dining Mat Patent Case

“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 ...
Managingip.com

Full Federal Circuit to rule on inequitable conduct

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.
pymnts

The New Plague: False Claims Liability Based on Inequitable Conduct During Patent Prosecution

The New Plague: False Claims Liability Based on Inequitable Conduct During Patent Prosecution Gregory Michael (University of California), William J Newsom (Cooley LLP) & Matthew Avery (Baker Botts LLP ...
Law360

Materiality And Intent Don't Compel Finding Of Inequitable Conduct

Law360 ( November 8, 2006, 12:00 AM EST) -- Deferring to a district court's finding of "low" levels of materiality and intent with regard to inequitable conduct, the U.S. Court of Appeals for the ...