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Federal Circuit significantly tightens the standard for proving inequitable conduct in Therasense, Inc. v. Becton, Dickinson and C

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • May 26 2011

On Wednesday, the Federal Circuit, sitting en banc, substantially raised the bar for proving inequitable conduct in patent cases with its much-anticipated decision in Therasense, Inc. v. Becton, Dickinson and Co., Nova Biomedical Corp. and Bayer Healthcare LLC