Inequitable Conduct A Dying Defense 2 Years Post-Therasense

Law360, New York (May 23, 2013, 9:13 PM EDT) -- Proving an inequitable conduct defense in a patent case has become so difficult because of the Federal Circuit's Therasense ruling that attorneys rarely bother to mount it anymore, but a case on appeal to the U.S. Supreme Court has the potential to roll back the standard, attorneys say.

On May 25, 2011, the en banc Federal Circuit ruled that overuse of the inequitable conduct defense had "plagued" the courts, and held that to succeed, accused infringers must show that patent holders deliberately withheld material from the...
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