Americas
01 September 2010
Federal Circuit to rule on inequitable conduct Eisai, Verizon Communications, the IP Owners Association (IPO) and the American Bar Association (ABA) have all filed amicus briefs in the case of Therasense v Becton Dickinson, which the CAFC agreed to hear en banc in April this year. In Therasense, the District Court found that Therasense (now Abbott Laboratories) had failed to disclose statements made to the EPO in prosecuting its US patent and was guilty of inequitable conduct. The Federal Circuit affirmed that decision in January this year. But in April, the Court agreed to rehear the case en banc. Several of the amicus briefs filed call for a more objective approach to proving that inequitable conduct occurred during patent prosecution. The IPO said that the present standard contributes to pendency problems at the USPTO, since practitioners often err on the side of caution by citing "anything that could be alleged...
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