Patent Law Weblog
Category: Inequitable Conduct
-
By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its fifth annual list of top biotech/pharma patent stories. For 2011, we identified a dozen stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent…
-
By Kevin E. Noonan — The Federal Circuit reaffirmed the primacy of the factual disclosures used to establish obviousness, and how deficiencies thereof can defeat an obviousness claim, in reversing an invalidity determination in Star Scientific, Inc. v. R.J. Reynolds Tobacco Co. It also showed how persistently defendants pursue the tarnish of inequitable conduct even…
-
By Kevin E. Noonan — The Federal Circuit delivered its en banc opinion on inequitable conduct last week in Therasense, Inc. v. Becton, Dickinson & Co. Judge O'Malley wrote separately, concurring in part with the majority while also dissenting in part, in an idiosyncratic opinion that reflects, in part, her experience. While a relative newcomer to…
-
By Donald Zuhn — In a statement released earlier today, the U.S. Patent and Trademark Office announced that it was "carefully studying" the Federal Circuit's "important" en banc decision in Therasense, Inc. v. Becton, Dickinson & Co. to assess its impact on agency practice and procedure, and expected to issue guidance regarding that impact "soon." …
-
By Kevin E. Noonan — The Federal Circuit delivered its en banc opinion on inequitable conduct on Wednesday in Therasense, Inc. v. Becton, Dickinson & Co. Four judges dissented from that opinion, with Judge Bryson writing for his fellow Circuit Judges Gajarsa, Dyk, and Prost. Judge O'Malley wrote separately, concurring in part and dissenting in part. …
-
By Kevin E. Noonan — The Federal Circuit delivered its en banc opinion on inequitable conduct today in Therasense, Inc. v. Becton, Dickinson & Co. In an opinion written by Chief Judge Rader and joined by Circuit Judges Newman, Lourie, Linn, Moore, and Reyna, and by Judge O'Malley in part, the Court issued clear standards…
-
By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its fourth annual list of top biotech/pharma patent stories. For 2010, we identified a dozen stories that we covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent…
-
By Donald Zuhn — Last week, in Cancer Research Technology Ltd. v. Barr Laboratories, Inc., the Federal Circuit reversed the decision by the District Court for the District of Delaware holding U.S. Patent No. 5,260,291 unenforceable for prosecution laches and inequitable conduct. Judge Lourie, writing for the Court and joined by Judge Newman, held that…
-
By Kevin E. Noonan — Abbott has filed its reply brief in Therasense, Inc. v. Becton, Dickinson & Co., and it is timely to discuss this brief on the eve of oral argument before the en banc Federal Circuit. The brief begins by noting the many areas of agreement between the parties, the U.S. Patent and…
-
By Kevin E. Noonan — Appellees Becton, Dickinson & Co. and Nova Biomedical Corp. filed their responsive brief in Therasense, Inc. v. Becton, Dickinson & Co. on October 8th. While addressing the Federal Circuit's questions generally directed to its application of the inequitable conduct doctrine, appellees' brief is particularly focused on its main objective — having…
Patent Docs 