Abbott, Others Argue For New Inequitable Conduct Rule

Law360, New York (November 9, 2010, 6:31 PM EST) -- Abbott Laboratories, Becton Dickinson & Co. and Bayer Healthcare LLC did their best Tuesday to persuade a federal appeals court to adopt a more stringent standard for proving inequitable conduct in patent infringement cases.

A full panel of the U.S. Court of Appeals for the Federal Circuit had asked the drugmakers — which are battling over patents that cover blood glucose test strips — to address whether the materiality-intent-balancing framework for inequitable conduct should be modified or replaced, what constitutes a material misstatement at the U.S....
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