Bed Bath & Beyond Again Prevails On Inequitable Conduct

Law360, New York (February 12, 2015, 1:25 PM EST) -- A New York federal judge on Wednesday invalidated a clothing hanger patent asserted against Bed Bath & Beyond Inc. after granting the plaintiff reconsideration of an earlier finding that the plaintiff’s former attorney had intentionally misled U.S. patent authorities about the features of a previously existing product.

U.S. District Judge Laura Taylor Swain ruled that the prior art misrepresentation by Worldwide Home Products Inc.’s former patent attorney was inequitable conduct under the Federal Circuit’s heightened Therasense standard, and dismissed the infringement suit against Bed Bath & Beyond.

The judge had granted the reconsideration because it appeared the parties were relying on...

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