Law360, New York ( April 22, 2014, 12:51 PM EDT) -- The inequitable-conduct defense to patent infringement is not what it used to be. In 2011, the Federal Circuit in Therasense Inc. v. Becton, Dickinson & Co., 649 F.3d 1276 (Fed. Cir. 2011), tightened the standards for finding both materiality and intent to deceive. Characterizing inequitable conduct claims as a plague on the courts and the entire patent system, the Federal Circuit all but invited district courts to reject such claims as a matter of course....
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