Posts Tagged: "chris mammen"

Dr. Chris Mammen On August 4, 2009, the Federal Circuit decided Exergen Corp. v. Wal-Mart Stores, Inc., et al., Case Nos. 2006-1491, 2007-1180 (Fed. Cir. 2009). In a post to this blog several months ago, I argued that Congress, the Supreme Court or the Federal Circuit should reform the doctrine of inequitable conduct this year, to rein in the resurgent…

Today, the Supreme Court denied certiorari in Aventis v. Amphastar (Docket No. 08-937). Inequitable conduct was the sole issue presented in the cert petition, which Aventis filed on January 23, 2009. According to the procedural summary in Aventis’ cert petition, the Federal Circuit held the patent on Aventis’ $2 billion-per-year drug to be unenforceable due to inequitable conduct because of…

Dr. Chris Mammen focuses his practice on patent and related intellectual property litigation and appeals. Twenty years ago, in the 1988 Burlington case, the Federal Circuit expressed its displeasure with the frequent assertion of the inequitable conduct defense in patent litigation, famously calling it a “plague.” Later that year, in the en banc portion of the Kingsdown case, the Federal…