Inequitable Conduct Still A Thorny Issue

Law360, New York (May 28, 2009, 12:00 AM EDT) -- Last month’s denial by the U.S. Supreme Court of a petition for certiorari filed by Aventis Pharma SA signals continued uncertainty regarding the state of the law of inequitable conduct.

Aventis had petitioned the Supreme Court to review the Federal Circuit’s decision affirming a district court finding of inequitable conduct in Aventis Pharma SA v. Amphastar Pharmaceuticals Inc., 525 F.3d 1334 (Fed. Cir. May 14, 2008).

Federal Circuit inequitable conduct cases decided since Aventis, such as Star Scientific Inc. v. R.J. Reynolds Tobacco Co., 537 F.3d...
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