In Therasense, Inc. v. Becton, Dickson & Co., the Federal Circuit greatly narrowed the inequitable conduct defense. The Patently-O blog and Peter Zura's 271 blog have detailed writeups on the case, which the Federal Circuit heard en banc to clarify the law.
What good news that the CAFC is finally making a concrete effort to, as Dennis Crouch put it, "cure the 'plague' of inequitable conduct pleadings" in patent litigation. It's pretty major that a finding of inequitable conduct no longer automatically serves to invalidate a patent. That part of the ruling should itself prove quite effective in immediately reducing the number of IC pleadings. It's about time. Bravo.
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