Tag Archives: Therasense

Inequitable Conduct Lives! Therasense Update and Refresher

Posted on October 27, 2021 by Warren Woessner

On November 3 at 12:30 EST, I will be participating in an AIPLA webinar with Prof. David Hricik (Mercer College of Law) and William Covey, Director of the OED at the USPTO. We will present: Inequitable Conduct Lives! This presentation … Continue reading →

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IPO Chat Channel: Inequitable Conduct – A Refresher & Update – April 23rd

Posted on April 21, 2020 by Warren Woessner

Have findings of inequitable conduct due to egregious misconduct become more common post-Therasense or can a simple failure to disclose material prior art still lead to a finding of inequitable conduct? What are the possible consequences to both litigators and … Continue reading →

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Therasense Puts A World Of (Antitrust) Hurt On 3M

Posted on February 17, 2016 by Warren Woessner

Commentators who have declared inequitable conduct dead and buried should study TransWeb, LLC v. 3M Innovative Properties Co., App. No. 2014-1646 (Fed. Cir., Feb. 10 2016). {A copy can be found at the end of this post.] The decision demonstrates … Continue reading →

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Apotex Petitions Supreme Court to Review Therasense Standards

Posted on May 21, 2015 by Warren Woessner

In Apotex, Inc. v. UCB, Inc., Appeal No. 2013-1674 (Fed. Cir. August 15, 2014) the court affirmed the district court’s ruling that one actor, Dr. Sherman, the chairman of Apotex had committed inequitable conduct by engaging in what the court … Continue reading →

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