Category Archives: Inequitable Conduct/Rule 56

IPO Chat Channel: Inequitable Conduct – A Refresher & Update – April 23rd

Posted on April 21, 2020 by Warren Woessner

Have findings of inequitable conduct due to egregious misconduct become more common post-Therasense or can a simple failure to disclose material prior art still lead to a finding of inequitable conduct? What are the possible consequences to both litigators and … Continue reading →

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Finjan, Inc. v ESET, LLC: Can Billing Records Evidence Intent Element of Inequitable Conduct?

Posted on June 28, 2018 by Warren Woessner

In an odd Order relating to a discovery request made by ESET for the billing records of plaintiff’s patent attorney, Bey, the Magistrate Judge in Case No. 17CV183 CAB (BGS)(S. D. Cal., June 25, 2018) ordered discovery of “non-privileged” billing … Continue reading →

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Fed. Cir. Affirms Unclean Hands Defense in Gilead v. Merck

Posted on April 30, 2018 by Warren Woessner

On April 25th, a Fed. Cir. panel of Judges Taranto, Clevenger and Chen affirmed the unenforceability of two Merck patents covering a drug presently marketed as Sovaldi(r) to treat hepatitis C, sofosbuvir. Gilead Sciences, Inc. v. Merck & Co., Appeal … Continue reading →

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Inequitable Conduct Intent Prong Due to Litigation Misconduct

Posted on July 31, 2017 by Warren Woessner

In Regeneron Pharmaceuticals v. Merus N.V., Appeal No. 2016-1346 (Fed. Cir., July 27, 2017), a split three-judge panel of Prost, Wallach and Newman (Newman dissenting) affirmed the district court’s ruling that claim 1 of Regeneron’s U.S. Pat. No. 8,502,018 is … Continue reading →

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