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Certified Licensing Professionals, Inc., 2021 
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This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.
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Warren D. Woessner
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Category Archives: Inequitable Conduct/Rule 56
BIO’s Modest Proposal – Eliminate Rule 56
BIO recently sent Director Kappos 13 pages of comments on the PTO’s proposed revisions to 37 C.F.R. §1.56(b). (A copy of the comments is available at the end of this post.) BIO clearly is struggling to reconcile the differing views … Continue reading
Powell v. Home Depot – False Petition Not “Egregious Misconduct”
In Therasense, the Fed. Cir. held that inequitable conduct can be based on non-prior art misconduct, which was characterized as an exception to the “but-for” rule of materiality set out in the decision. This seemed to me to be a … Continue reading
Posted in Inequitable Conduct/Rule 56
Tagged Federal Circuit, Patent Law, Powell v Home Depot, Therasense, Warren Woessner
2 Comments
Cordis v. BSC – Therasense at Work
Last week the Fed. Cir. affirmed the district court’s finding of no inequitable conduct, due to the failure of the applicant or his attorney to cite a relevant prior art reference in a parent application that yielded the two patents-in-suit. … Continue reading
Inequitable Conduct in Canada – Disarming the “Atomic Bomb”
This is a guest post from Brian W. Gray of Norton Rose. This week a significant decision for patent owners was released from our Canadian Federal Court of Appeal. A copy of the case is found at the end of … Continue reading