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What's interesting about inequitable conduct is that it's considered the atomic bomb of patent law. These are not my words, this is actually Chief Judge Rader who called it "the atomic bomb of ...
It will come as no surprise to patent practitioners that they must disclose to the U.S. Patent and Trademark Office (PTO) all relevant references, e.g., published articles, that are known to them.
In Aventis Pharma SA v Hospira Inc (2012), the court affirmed a pre-Therasense judgment of inequitable conduct rendered after a bench trial. In Aventis, the references were but-for material because ...
In its first post-Therasense case (seeIP Update, Vol. 14, No. 6) addressing the issue of inequitable conduct, the U.S.
For example, in Regeneron Pharms, the Court upheld a finding of inequitable conduct based on an adverse inference of intent arising from post-prosecution and litigation misconduct.[3] In Gilead v.
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 ...
It will come as no surprise to patent practitioners that they must disclose to the U.S. Patent and Trademark Office (PTO) all relevant references, e.g., published articles, that are known to them.
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 ...
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