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Post-Therasense: Federal Circuit Divided on Inequitable Conduct

2014-11-04 21:26:15| Automakers - Topix.net

In a post- Therasense decision, addressing the issue of inequitable conduct the U.S. Court of Appeals for the Federal Circuit upheld a district court's finding that the asserted patents were unenforceable due to inequitable conduct based on a co-inventor's actions, finding that defendant had shown "but for materiality" and specific intent to deceive. Am. Calcar, Inc. v.

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