The Federal Circuit recently agreed to an en banc review of the admittedly scattered precedents concerning inequitable conduct. Therasense, Inc. v. Becton, Dickinson & Co., 2010 U.S. App. LEXIS 9549 (April 26, 2010).
Federal Circuit Overturns Summary Judgment Finding of Inequitable Conduct
The Federal Circuit recently agreed to an en banc review of the admittedly scattered precedents concerning inequitable conduct. <i>Therasense, Inc. v. Becton, Dickinson & Co.</i> In vacating its earlier panel decision in <i>Therasense, Inc. v. Becton, Dickinson & Co.,</i> 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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Donald J. Firca, JR.This premium content is locked for The Intellectual Property Strategist subscribers only
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