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Therasense

USPTO Again Proposes To Revise Duty Of Disclosure In View Of Therasense

by Foley & Lardner LLP on

More than five years after the Federal Circuit’s en banc decision in Therasense and its first proposed rulemaking under that decision, the USPTO has issued a new proposed rulemaking to adapt its duty of disclosure rule (37...more

Therasense Puts A World Of (Antitrust) Hurt On 3M

Commentators who have declared inequitable conduct dead and buried should study TransWeb, LLC v. 3M Innovative Properties Co., App. No. 2014-1646 (Fed. Cir., Feb. 10 2016). ...more

Therasense and the Fight for Fees on Fees

by McDermott Will & Emery on

Therasense, Inc. v. Becton, Dickinson and Co. - In the attorneys’ fee portion of this seminal case on inequitable conduct, the U.S. Court of Appeals for the Federal Circuit has concluded that the defendants, while...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

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