News

‘Inequitable Conduct’ is Now a More Difficult Defense to Prove

In the recent decision of Therasense, Inc. v. Becton, Dickinson & Co. (Fed. Cir. 2011) (en banc), the Federal Circuit court raised the standards for proving an ‘inequitable conduct’ defense. The court seems to hope that this decision will discourage … Continue reading

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Calculation of Damages in Cases Involving False Marking

Cases which involve advertisements as false patent markings reach a thorny issue when those involved must determine fair monetary damages.  The courts have addressed this issue differently at different times, but most involved seem to agree that the law as-written … Continue reading

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