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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 &amp; Co.</i> In vacating its earlier panel decision in <i>Therasense, Inc. v. Becton, Dickinson &amp; 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.

18 minute read August 26, 2010 at 03:56 PM
By
Donald J. Firca, Jr.
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. Therasense, Inc. v. Becton, Dickinson & Co., 2010 U.S. App. LEXIS 9549 (April 26, 2010).

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