“Inequitable Conduct” Ruling Ends Patent Battle

Law360, New York (June 22, 2006, 12:00 AM EDT) -- In a rare ruling, a California federal judge has deemed a barcode patent unenforceable due to the original patent prosecutor’s “inequitable conduct,” thereby bringing to an end to pending litigation.

The judge in the U.S. District Court in the Eastern District of California ruled that the prosecutor withheld information from the examiner at the United States Patent and Trademark Office with deceptive intent.

Major pharmaceutical distributor McKesson Corp. sued San Diego, Calif.-based Bridge Medical—a subsidiary of AmerisourceBergen that provides software to the healthcare industry—in 2002 for...
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