The Inequitable Conduct Defense — 1 Year After Therasense

Law360, New York (May 10, 2012, 1:13 PM EDT) -- In a case closely watched by patent litigators, the Federal Circuit Court of Appeals issued a decision last year that, on its face, seemed to impose tougher requirements for an accused patent infringer to establish that a patent is unenforceable because the patent applicant or the patent attorney intentionally withheld important information in obtaining the patent. Therasense Inc. v. Becton Dickinson & Co., 649 F.3d 1276 (Fed. Cir. 2011).

While commentators widely proclaimed that Therasense had raised the bar so high as to sound the death...
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