LexisNexis® Legal Newsroom
Can Inequitable Conduct be Cured Via Patent Reexamination?

Last Friday two decisions of the Federal Circuit touched upon patent reexamination practices. In this post we will examine the first decision, Leviton Manufacturing Company, Inc. v. Universal Security Instruments, Inc./Shanghai Meihao Electric Inc. v. Leviton Manufacturing Company, Inc . In this...

Therasense to Amplify Demand for Patent Reexamination?

The USPTO can Demonstrate the What, Where, Why, and How The affirmative defense of inequitable conduct is commonplace in most patent disputes. Indeed, many have labeled this defense a "plague" due to its over-use by defendants. The prevalence of inequitable conduct before the district...

Patents Post-Grant: What Does the Therasense Decision Mean for Patent Reexamination?

Important Decision Attempts to Address Plague of Inequitable Conduct Accusations in Patent Litigation Today the CAFC decided Therasense Inc. v. Becton Dickinson and Co. In this landmark decision, the CAFC reconsidered the doctrine of inequitable conduct, deciding that: While honesty at the PTO...

Foley & Lardner LLP: Therasense Decision “Tightens the Standards” for Proving Inequitable Conduct

By Courtenay C. Brinckerhoff & Jeanne M. Gills On May 25, 2011, in a split decision, the U.S. Court of Appeals for the Federal Circuit decided Therasense, Inc. et al. v. Becton, Dickinson & Co. et al , Case No. 08-1511 et al., which it heard en banc to address the law of inequitable conduct...

USPTO Studying Therasense v. Becton, Dickinson Decision to Assess Impacts on Agency Practice and Procedures; Expects to Issue Further Guidance to Applicants Soon

From the USPTO: Washington - On May 26th, the United States Patent and Trademark Office (USPTO) announced that it is carefully studying the important en banc decision by the U.S. Court of Appeals for the Federal Circuit in the case of Therasense v. Becton, Dickinson [ enhanced version available...

Brinks Hofer Gilson & Lione: Federal Circuit Heightens Standard for Proving Inequitable Conduct in En Banc Decision

On May 25, 2011, the United States Court of Appeals for the Federal Circuit, on appeal from the United States District Court for the Northern District of California, issued its en banc decision in Therasense, Inc. (now known as Abbott Diabetes Care, Inc.) v. Becton, Dickinson and Co. , No. 2008...

Sutherland Legal Alert: Federal Circuit Tightens Inequitable Conduct Standards: What Does This Mean for Patent Practice in the Future?

By Bill Warren On May 25, 2011, the en banc Federal Circuit raised the bar for establishing inequitable conduct in patent infringement cases. Therasense, Inc. v. Becton, Dickinson & Co., No. 2008-1511 (Fed. Cir. May 25, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version...

Fulbright & Jaworski L.L.P.: Fulbright Forum - Making Sense of Therasense: Past, Present and Future of Inequitable Conduct

By Mark Thomas Emery , Robert L. Greeson , Sheila Kadura , Michael Krawzsenek and Dennis McNamara Therasense, Inc. v. Becton, Dickinson & Co. [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] has the...

Patents Post-Grant: The Impact of Therasense on Patent Reform

Did Therasense Moot Supplemental Examination? Supplemental Examination, as currently proposed in the patent reform legislation , would enable Patentees to effectively cure inequitable conduct for all but the most offensive conduct. This reform provision was designed to combat the plague of inequitable...

Troutman Sanders LLP: Invisible Dip Tube Patent Suit - Judge Lee applies Therasense and Global-Tech in Summary Judgment Ruling

By Dabney Carr Among his eleven summary judgment rulings in MeadWestvaco's ("MWV") patent infringement suit against Rexam and Valois, Judge Lee dismissed claims of inequitable conduct under Therasense but allowed claims of inducement of infringement to survive under the Supreme...

Inequitable Conduct, Willfulness, and Inducement under the AIA

In this Analysis, Anthony W. Shaw discusses the role of inequitable conduct, supplemental examinations, reissue, inventorship, foreign filings without a license, disclaimers, best mode, and willful infringements and inducement to infringe in the post America Invents Act world. Mr. Shaw writes: Reducing...

Kenyon & Kenyon: Federal Circuit Rules That Losing Parties May Appeal Any Issue Noticed For Review By The ITC

By Marcia H. Sundeen , T. Cy Walker , Aimee N. Soucie and Bryan Nese The Federal Circuit's recent decision in General Electric Co. v. Int'l Trade Comm'n , No. 2010-1223 (Feb. 29, 2012) [ enhanced version available to lexis.com subscribers ] vindicates the right of a losing party...

Patents Post-Grant: USPTO Justifies Supplemental Examination Guidelines

Item of Information Limit Accounts for Practical Realities Supplemental Examination (SE) is a mechanism of the AIA that is designed to effectively cure inequitable conduct via a new post grant proceeding of the USPTO. This mechanism, effective September 16, 2012 will be available to all issued patents...

Fitch, Even, Tabin & Flannery LLP: Travel Caddy Wins Federal Circuit Reversal of Inequitable Conduct and Obviousness Rulings

Recent Success Fitch Even attorneys recently won several key issues in an appeal at the Court of Appeals for the Federal Circuit. The firm was retained as appellate counsel after proceedings in the district court had led to rulings that the asserted patents were invalid, unenforceable, and not...