Posts Tagged: rule 56

Inequitable Conduct Renders ’993 Patent Unenforceable

In Energy Heating v. Heat On-The-Fly, the court did not abuse its discretion in finding clear and convincing evidence that the inventor knew that the prior uses …

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
10 years ago 17

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
10 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
10 years ago 74

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
11 years ago 4

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
11 years ago 22

Patent Wishes for 2010

It is that time of the year when everyone has made or is making resolutions for the new year, most of which will undoubtedly be broken within …
By Gene Quinn
11 years ago 10

Suggestions for Fixing the US Patent System

In order to jump start a constructive debate I throw out the following nine suggestions that would, in my view, assist in solving the patent crisis that …
By Gene Quinn
11 years ago 17

A Call to Reform Inequitable Conduct This Year

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 …
By Chris Mammen
12 years ago 16

Patent SOS: Inequitable Conduct Reform ASAP

Not long ago the United States Court of Appeals for the Federal Circuit issued a decision in Abbott Laboratories v. Sandoz, Inc., a decision that just screams …
By Gene Quinn
12 years ago 0