Belcher Tells Fed. Circ. Inequitable Conduct Order Implausible

Law360 (August 14, 2020, 4:57 PM EDT) -- A district court erroneously found that Belcher Pharmaceuticals LLC obtained an epinephrine injection patent through inequitable conduct, disregarding a more plausible explanation for why it didn't disclose prior art during prosecution, the drug company has told the Federal Circuit.

In its opening appeal brief filed Thursday, Belcher contends the reason why inventor Darren Rubin did not disclose three prior art references to the U.S. Patent and Trademark Office during the patent's prosecution was not because it intended to deceive the USPTO, as the district court found, but because they were not material to the claimed invention.

"The court's rejection of this...

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