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IP News

By Compiled by Eric Agovino
November 02, 2005

Federal Circuit Rules That Novo Nordisk Misled USPTO

In Novo Nordisk Pharms, Inc. v. Bio-Technology General Corp., No. 04-1581, 2005 WL 2443857 (Fed. Cir. Oct. 5, 2005), the U.S. Court of Appeals for the Federal Circuit affirmed the lower court's decision that U.S. Patent 5,633,352 (“the '352 patent”) is unenforceable due to inequitable conduct. The Federal Circuit also affirmed the district court's decision that claim 1 of the '352 patent was invalid due to anticipation and vacated the judgment of invalidity with respect to claim 2.

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