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Briefs Filed In Ferring's Inequitable Conduct Appeal

Law360 (October 19, 2006, 12:00 AM EDT) -- IP organizations and legal groups have already begun petitioning the U.S. Supreme Court to accept the recent appeal of Dutch drug maker Ferring B.V., encouraging the justices to raise the threshold for what constitutes fraud when securing patent rights.

Three briefs filed in October support Ferring’s argument that the High Court should rein in current standards for inequitable conduct being used by the U.S. Court of Appeals for the Federal Circuit.

According to the briefs, the Federal Circuit essentially warped the original meanings of both materiality...
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