Medtronic Case Illustrates High Bar For Inequitable Conduct

Law360, New York (July 12, 2017, 12:39 PM EDT) -- It has been six years since the Federal Circuit issued the en banc opinion of Therasense Inc. v. Becton, Dickinson & Co., 649 F.3d 1276 (Fed. Circ. 2011). In Therasense, the court raised the bar for proving inequitable conduct in patent cases. The court criticized the inequitable conduct doctrine as a plague on the entire patent system and noted that allegations of inequitable conduct were being raised in 80 percent of patent cases. The court identified numerous problems associated with the inequitable conduct doctrine, including “increased adjudication cost and complexity, reduced likelihood of settlement, burdened courts, strained U.S. Patent and Trademark Office...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!