Inequitable Conduct

News & Analysis as of

Apotex Inc. v. UCB, Inc. (Fed. Cir. 2014)

Last week, the Federal Circuit affirmed a finding of inequitable conduct in Apotex v. USB, a relatively rare occurrence in the years after the Federal Circuit's decision in Therasense v. Becton, Dickenson. In the Therasense...more

Counterclaim and Defenses Dismissed; U.S. Patent Out of Suit Following Failure to Assert in Canada

Radiancy, Inc. v. Viatek Consumer Products Group, Inc. Case Number: 7:13-cv-03767-NSR (Dkt. 117) - Judge Roman, in an amended opinion, dismissed counterclaim defendant PhotoMedex from the case, and dismissed...more

Finding of No Inequitable Conduct Reversed on Appeal -- Ohio Willow Wood Co. v. Alps South LLC

Addressing statements and representations made to the Board of Patent Appeals and Interferences (Board) in the context of reexaminations, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s grant of...more

Developments in Patent Law 2013; The D.C. Bar Year in Review

In this article: - Patentability, Validity, and Procurement of Patents - Interpretation and Infringement of Patents - Enforcement of Patents - Patents at the U.S. Supreme Court - Excerpt...more

Business Litigation Report -- November 2013

In This Issue - Main Article: ..World Class: The International Proliferation of Class Actions Noted With Interest: ..Inequitable Conduct After Therasense: Calling a Knave a Knave Practice Area...more

Inequitable Conduct After Therasense: Calling a Knave a Knave

After years of calling the inequitable conduct defense to patent infringement a “scourge” and a “plague,” the Federal Circuit sought to put a stop to the overuse of the defense in Therasense. Ferring B.V. v. Barr Labs., Inc.,...more

Covenant Not to Sue Does Not Prevent Finding of Exceptional Case and Award of Attorneys' Fees Where Adverse Determinations Were...

Plaintiffs Kim Laube & Co. ("Laube") brought this patent infringement action against Defendant Wahl Clipper Corp. ("Wahl") for infringement of U.S. Patent No. 6,473,973 ("the '973 Patent"), which is titled "Disposable Cutting...more

Federal Circuit Review - October 2013

Late Payment of Patent Maintenance Fees Not Inequitable Conduct - In Network Signatures Inc, v. State Farm Mutual Automobile Insurance Co., Appeal No. 12-1492, The Federal Circuit reversed summary judgment of...more

Federal Circuit Finds Inequitable Conduct in False Rule 131 Declaration

In Intellect Wireless, Inc. v. HTC Corp., the Federal Circuit affirmed the district court decision holding Intellect’s patents unenforceable due to inequitable conduct. This is a rare case where the applicant was found to...more

Federal Circuit Affirms Inequitable Conduct Determination Under Therasense “But For” Exception and Reaffirms Significance of Rohm...

Today, the Federal Circuit upheld the District Court’s inequitable conduct verdict based on the submission of false affidavits to the United States Patent & Trademark Office (“PTO”). Intellect Wireless, Inc. v. HTC Corp.,...more

Therasense Revisited: In re Rosuvastatin Calcium Patent Litigation

In the United States, patent applicants and their counsel owe a duty of candor and good faith to the Patent Office. This duty is breached when the applicant or its counsel knowingly fails to disclose material prior art...more

January 2013: Patent Litigation Update

In This Update: European Parliament Approves European Unitary Patent and Unified Patent Court; Gross Negligence Insufficient to Establish Deceptive Intent for Inequitable Conduct; and Federal Circuit Eases Requirements...more

Therasense, Inc. v. Becton, Dickinson and Company

Now There is Much Less Chance of Invalidating a Patent by Charging Inequitable Conduct

On May 25, 2011 a sharply divided Federal Circuit overturned decades of practice and announced a new test for materiality when evaluating inequitable conduct by the patentee during prosecution. If a patent claim would not...more

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