McKesson Ruling Still Poses Challenges For IP Lawyers

Law360, New York (May 15, 2008, 12:00 AM EDT) -- Patent prosecutors and litigators are still grappling with the sweeping effects of last year’s appellate decision to strip McKesson Information Solutions Inc. of its bar-coding patent due to inequitable conduct.

Intellectual property experts say the U.S. Court of Appeals for the Federal Circuit’s May 2007 ruling in McKesson v. Bridge Medical Inc. has not only created an uncomfortable tension between prosecutors and patent examiners, but it has raised concerns about the resurgence of inequitable conduct as a litigation tactic.

The Federal Circuit upheld a California district...
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