Thursday, May 26, 2011

Federal Circuit Greatly Narrows Inequitable Conduct Defense

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.

1 comment:

  1. 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.