Category Archives: Inequitable Conduct/Rule 56

Ohio Willow Wood Co. v. Alps South, LLC – Inequitable Conduct Lives!

In October, I spoke at AIPLA with James Carmichael, who used to head up the “Fraud Squad” at the PTO. He noted that there had only been three Fed. Cir. decisions upholding findings of inequitable conduct (IC) since Therasense, two … Continue reading

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Supreme Court Will Not Review Therasense Standards – Yet

On October 15, 2013, after reviewing the Government’s Amicus Brief (a copy is available at the end of this post), the Supreme Court denied the petition for cert. filed by Sony Computer Entertainment, one of the defendants in 1st Media, … Continue reading

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In re Rosuvastatin Calcium Patent Litigation – Making “Therasense” out of Confusion

Recently, a divided three judge panel sorting out a multi-party Hatch-Waxman suit, ruled that the patentee, Shinonogi, had not committed inequitable conduct in obtaining the patent that was subsequently reissued so as to obtain narrow claims focused on Rosuvastatin, or … Continue reading

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Federal Circuit Knocks Outside the Box’s Inequitable Conduct Charges Out of the Box

The following is a guest post from Schwegman Lundberg & Woessner’s associate Ricardo Moran. The issues on appeal were whether Travel Caddy, Inc. had committed inequitable conduct for: (i) not disclosing the existence of the litigation on U.S. Patent No. … Continue reading

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