Inequitable Conduct Doctrine Takes Stage In Fed. Circ.

Law360, New York (November 8, 2010, 1:41 PM EST) -- With myriad suggestions for modernizing the inequitable conduct doctrine filed in the lead-up to Tuesday's closely watched oral arguments in Therasense Inc. v. Becton Dickinson & Co., the U.S. Court of Appeals for the Federal Circuit will have its hands full deciding what should be the standard of proving the oft-used defense to patent infringement, attorneys say.

The en banc rehearing marks the first time in 22 years that the full Federal Circuit has dealt with inequitable conduct, and the case has attracted a lot of...
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