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Split CAFC changes inequitable conduct standard

Eileen McDermott, New York

In a six-judge majority opinion, the Federal Circuit today decided Therasense v Becton-Dickson, which has changed the standard for proving inequitable conduct in patent litigation

The ruling rejected the USPTO’s Rule 56, which states that information considered material to patentability extends to “any information that ‘refutes or is inconsistent with’ any position the applicant took regarding patentability”.

The court dubbed that rule “overly broad”...

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