Inequitable Conduct

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