September 2010
Federal Circuit Overturns Summary Judgment Finding of Inequitable ConductBy Donald J. Firca, Jr.
The Federal Circuit recently agreed to an en banc review of the admittedly scattered precedents concerning inequitable conduct. Therasense, Inc. v. Becton, Dickinson & Co. In vacating its earlier panel decision in Therasense, Inc. v. Becton, Dickinson & Co., the rehearing order sets out six issues surrounding the materiality-intent standard at the core of any inequitable-conduct analysis. In the meantime, the current materiality-intent standard continues to result in drastically different outcomes, even among members of the same panel.
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