Posts Tagged: intent to deceive


Federal Circuit declares Regeneron patent unenforceable due to inequitable conduct

The Federal Circuit issued a decision in Regeneron Pharmaceuticals, Inc. v. Merus N.V. upholding the determination that the patent owned by biotech firm Regeneron was unenforceable. …
By Steve Brachmann & Gene Quinn
3 years ago 0

CAFC reverses Summary Judgment on inherent anticipation, affirms no Inequitable Conduct

It is inappropriate for a trial court to discount material expert testimony so as to weigh the evidence in favor of a party seeking summary judgment. The …

FTC Settles Deceptive Environmental Claims for Mattresses

Following a public comment period, the Federal Trade Commission has approved final consent orders in three cases involving allegedly deceptive environmental claims for mattresses. The FTC’s …

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
8 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
9 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.
9 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
9 years ago 23

Federal Circuit to Consider Inequitable Conduct En Banc

The United States Court of Appeals for the Federal Circuit earlier today decided to take up important issues relating to inequitable conduct en banc, vacating the earlier …
By Gene Quinn
11 years ago 7