IP Lawyers Weigh In On Inequitable Conduct Ruling

Law360, New York (May 25, 2011, 8:01 PM EDT) -- The Federal Circuit has raised the bar for establishing inequitable conduct as a defense in patent infringement litigation, and intellectual property attorneys told Law360 why the 6-1-4 ruling Wednesday in Therasense Inc. v. Becton Dickinson & Co. matters.


Bill Abrams, partner, Bingham McCutchen LLP:

"The Federal Circuit raised the bar for pleading and proving inequitable conduct claims in a divided en banc decision. The key points are that proof by clear and convincing evidence of a deliberate decision to deceive the PTO by withholding material...
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