Posts Tagged: inequitable conduct


A Patent Drafting Checklist

Drafters need to think both outside and inside the claims. Outside thinking aims to make the court’s task easier by providing claim terms amenable to straightforward, …
By Joseph Root
2 years ago 2

The Role of an Patent Procedure Expert in Patent Litigation

When you review file histories as a patent office practice expert it’s an eye-opening experience because sometimes it’s almost inexplicable as to what happened and …
By Gene Quinn
3 years ago 2

Outside The Box Innovations v. Travel Caddy: Is a Misstatement of Small Entity Status Per Se Material to Patentability?*

In partially dissenting, Judge Newman’s beef with per curiam panel opinion on the small entity status issue was in “declin[ing] to correct the district court’…
By Eric Guttag
4 years ago 2

Supplemental Examination at the USPTO

At the conclusion of the supplemental examination if the certificate issued indicates that a substantial new question of patentability is raised an ex parte reexamination will be …
By Gene Quinn
4 years ago 9

Bob Stoll Part 3 – SCOTUS, the Future CAFC, Inequitable Conduct

In this final installment, Bob Stoll and I discuss the United States Supreme Court. We spend some time talking about the Supreme Court's recent patent eligible subject …
By Gene Quinn
4 years ago 2

US Patent Office Proposes Adopting Therasense Standard

In view of Therasense, the Patent Office is proposing to revise the materiality standard for the duty to disclose information to the Office in patent applications and …
By Gene Quinn
5 years ago 17

PTO Studying Therasense v. Becton Decision; Guidance Soon

Today the United States Patent and Trademark Office (USPTO) announced that it is carefully studying the important en banc decision by the U.S. Court of Appeals …
By U.S.P.T.O.
6 years ago 2

Federal Circuit Re-Settles Law of Inequitable Conduct

Judge Rader wrote: "Left unfettered, the inequitable conduct doctrine has plagued not only the courts but also the entire patent system." Chief Judge Rader would go on …
By Gene Quinn
6 years ago 23

A Patent Legislative Agenda, What Congress Should Do in 2011

Realistically, I understand full well that it is unlikely that Congress will bother themselves with reform efforts that are sensible, at least at the moment. It is …
By Gene Quinn
6 years ago 74

Chief Judge Michel Sequel Part 2: Good Decisions, Bad Decisions, Supreme Court Frustrations and Criticism

Chief Judge Michel graciously agreed to a second interview, which took place on September 24, 2010. In part 1 of this interview sequel, we discussed fee diversion at the USPTO, …
By Gene Quinn
6 years ago 3

News, Notes & Announcements

In this edition of News, Notes & Announcements, patent attorneys asked to participate in an inequitable conduct study, BIO seeks session proposals for 2011 Convention, Huffington Post and other …
By Gene Quinn
6 years ago 4

On the Record with Former PTO Director Nick Godici – Part 1

I thoroughly enjoyed my time with Godici, and we managed to get into a wide variety of issues that ranged from his early days as a patent …
By Gene Quinn
6 years ago 9

CAFC Judges Should Be Require to Examine Patent Applications

On Friday, May 28, 2010, USPTO Director David Kappos gave five suggestions for practitioners on the Director's Forum (i.e., the Kappos blog). It would be wonderful if such …
By Gene Quinn
7 years ago 4

CAFC Judge Plager Says Definiteness Requirement Needs Teeth

As I’ve said before, no one could rightly accuse me of being biased against patents. But, as I also pointed out in this article on Judge …
By Eric Guttag
7 years ago 1

CAFC: Bad Actor Makes Bad Inequitable Conduct Law

Intent to deceive was admitted, if you can believe that, but as it turns out the prior art withheld, a prior sale, was not invalidating and would …
By Gene Quinn
7 years ago 22