Eisai Calls For Tough Inequitable Conduct Standard

Law360, New York (August 3, 2010, 4:44 PM EDT) -- Eisai Co. Ltd. has asked a federal appeals court to adopt a tough standard for asserting an inequitable conduct defense in a patent case when it hears an infringement dispute brought by Abbott Laboratories against Becton Dickinson & Co. and Bayer Healthcare LLC over blood glucose strips.

In an amicus brief filed with the appeals court on Monday, Eisai did not take the side of either party in the case, but proposed a standard for inequitable conduct claims.

The drugmaker argued that an inequitable conduct claim...
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