Full Fed. Circ. Asked To Rethink Voiding IP In Ethanol MDL

By Tiffany Hu (April 15, 2020, 9:40 PM EDT) -- The full Federal Circuit on Wednesday was asked to revisit a decision that Cantor Colburn LLP attorneys' deception at the U.S. Patent and Trademark Office rendered their client's ethanol patents unenforceable, a ruling that has concerned intellectual property ethics experts.

In a petition for rehearing en banc, GS CleanTech Corp. urged the full appeals court to reconsider a panel decision last month that its patents were unenforceable due to inequitable conduct at the USPTO during prosecution, not only by the inventors, but also by their attorneys.

The panel's ruling affirmed an Indiana federal judge's finding that the patent applications should have...

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