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 .
The USPTO can Demonstrate the What, Where, Why, and
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...
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...
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...
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...
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. ,
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...
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...
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...
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
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
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...
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 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...