Appeals Court Rules Patent Attorney Deceived PTO

Law360, New York (May 21, 2007, 12:00 AM EDT) -- In a rare ruling that reinforces the strict guidelines for patent prosecutors, an appeals court has rendered a 20-year-old health care patent unenforceable after finding that an examiner at the U.S. Patent and Trademark Office had been intentionally deceived.

The U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s finding that the McKesson Information Solutions so-called ‘716 patent was unenforceable due to the patent attorney’s inequitable conduct.

The court ruled the attorney, Michael Schumann, who was prosecuting two applications at the same time,...
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