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Therasense v. Becton Dickinson: Inequitable Conduct Defense Eviscerated

Posted on May 27th, 2011 | Author: Kurt G. Briscoe

On May 25, 2011, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a long anticipated opinion in Therasense, Inc. v. Becton, Dickinson and Co.  Sitting en banc, the Federal Circuit, with Chief Judge Randall Rader writing for the 6-1-4 majority, set forth a new framework for considering inequitable conduct claims, one that stresses separate determinations as to intent and materiality, and substitutes a “but-for” materiality standard for the existing materiality standard as embodied in the PTO’s Rule 56. Applying the new standard to the facts of the case, the court concluded that inequitable conduct had not been proven, and remanded the case to the district court for further proceedings consistent with the Federal Circuit’s opinion.

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