Apotex Case Shows Inequitable Conduct Is Still A Potent Tool

Law360, New York (August 19, 2014, 9:59 PM EDT) -- A recent Federal Circuit ruling that an Apotex Inc. patent is unenforceable because of misconduct by the company's chairman makes clear that although a 2011 decision made inequitable conduct very difficult to prove, the defense can still deliver sweeping wins for accused infringers under the right circumstances, attorneys say.

The appeals court held Friday that Apotex's Bernard Sherman "made affirmative misrepresentations of material facts" to the U.S. Patent and Trademark Office when applying for a patent on a drug manufacturing method, upholding an inequitable conduct finding favoring accused infringer UCB Inc.

The ruling is one of only a small handful of cases...

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