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Misrepresentation › Patent Litigation › United States Patent and Trademark Office

Knobbe Martens

Settlements Don’t Close the Door: Antitrust Claims Follow IPR Challenges in Life Sciences

Knobbe Martens on

In the ongoing case of Carefirst of Maryland Inc. v. Johnson & Johnson, the plaintiffs successfully overcame a motion to dismiss. At the heart of the case is J&J’s legal strategy against biosimilar competitors, including...more

Knobbe Martens

Unclean Hands and Inequitable Conduct: Dishonesty Is Not the Best Policy

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Before Reyna, Hughes, and Stark.  Appeal from the Western District of Louisiana. Summary: The district court correctly found unclean hands, but erred by finding no inequitable conduct without addressing the collective weight...more

McDermott Will & Emery

Post-Therasense IC Alive and Kicking at the Federal Circuit

McDermott Will & Emery on

Apotex Inc. v. UCB, Inc. - After finding that a patent owner had made several misrepresentations to the Patent and Trademark Office (PTO) during prosecution, the U.S. Court of Appeals for the Federal Circuit concluded...more

Foley & Lardner LLP

Federal Circuit Finds Material Withholdings and Misreprestations to Support Inequitable Conduct

Foley & Lardner LLP on

In Ohio Willow Wood Co. v. Alps South, LLC, the Federal Circuit found that Ohio Willow Wood had both withheld material information and made material representations during proceedings before the USPTO. Because the district...more

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