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Federal Circuit Significantly Restricts the Doctrine of Inequitable Conduct in Therasense v. Becton Dickenson

  • 05.25.11
  • Robert W. Esmond, Ph.D.
  • Sterne, Kessler, Goldstein & Fox P.L.L.C.

On May 25, 2011, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision in Therasense v. Becton Dickenson, No. 2008-1511 (Fed. Cir., May 25, 2011), outlining a heightened standard for inequitable conduct in patent infringement cases, requiring a finding of both specific intent to deceive and a "but-for" materiality. Download the full alert to read more.

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