Category Archives: Inequitable Conduct/Rule 56

Patent Office Proposes New Materiality Rules

On July 21st,  the Patent Office published a notice of proposed rulemaking, in the wake of the Therasense decision (a copy is found at the end of this post), awkwardly entitled “Revision of the Materiality to Patentability Standard for the … Continue reading

Posted in Inequitable Conduct/Rule 56 | Tagged , , , , , , , , , , , , | Leave a comment

Therasense Makes Sense of Inequitable Conduct Defense

  viagra online canada On May 25th, the Federal Circuit, sitting en banc, issued a decision reversing and remanded the district court’s holding that the patent-in-suit was invalid due to inequitable conduct. (A copy of the decision can be found … Continue reading

Posted in Inequitable Conduct/Rule 56 | Tagged , , , , , , , , , , | Leave a comment

Just Medium Rare

This Post was written by Ronald Schutz of Robins, Kaplan, Miller & Ciresi and published with his permission. Slip that inequitable conduct claim back on the summary judgment “barbie”-the standard for establishing such claims as a matter of law is … Continue reading

Posted in Inequitable Conduct/Rule 56 | Tagged , , , , , | Leave a comment

Therasense To Be Re-Heard En Banc – “I Feel Your Pain”

Monday’s decision by the Federal Circuit to vacate the split panel decision in Therasense, Inc. v. Becton Dickinson & Co., 593 F.3d 1289 (Fed. Cir. 2010) (link at end of post) and rehear the case en banc makes it impossible for … Continue reading

Posted in Inequitable Conduct/Rule 56 | Tagged , , , , , , , | Leave a comment