Tag Archives: Therasense

PTO Proposes Supplemental Examination Rules – Extremely Expensive and Incredibly Complex

On January 25, 2012, the USPTO published proposed rules to implement the supplemental examination provisions of the America Invents Act (“AIA”). This procedure is intended to be utilized by patent owners to “clean up” patents of iffy validity before, say, … Continue reading

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Top 2011 IP Stories on Patents4Life

I spent a day or two looking back over the breaking IP news that resulted in posts on Patents4Life. I wrote most of them, but want to take a pause to thank regular contributors Paul Cole, Ron Schutz and Stefan … Continue reading

Posted in Miscellaneous | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

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

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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 , , , , | 2 Comments