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Applying Therasense court denies defense motion of inequitable conduct
  • Jeffer Mangels Butler & Mitchell LLP
  • USA
  • June 20 2011

In the first district court case applying the Federal Circuit's new standard for proving inequitable conduct, the United States District Court for the Eastern District of Texas concluded that defendants had failed to prove by clear and convincing evidence that the patents-in-suit were unenforceable due to inequitable conduct.

Penalty for patent false marking set at highest sales price
  • Bracewell LLP
  • USA
  • May 11 2010

Following remand from the Federal Circuit in the Forest Group vs. Bon Tool false marking patent case, the U.S. District Court for the Southern District of Texas ruled on April 27, 2010 that, due to the penal nature of the false marking statute, the appropriate penalty for falsely marking a product with an incorrect patent number would be assessed at the maximum price the articles were sold instead of assessing the penalty based on the profit margin or economic benefit to the defendant for marking the product.

Dimitrios T. Drivas
  • White & Case LLP