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Standing to Enforce Foreign Trademark Rights After Belmora v. Bayer Certiorari Denial
  • Jones Day
  • USA
  • March 7 2017

On February 27, 2017, the Supreme Court of the United States denied certiorari in Belmora LLC v. Bayer Consumer Care AG, 819 F.3d 697 (4th Cir. 2016)


Inequitable Conduct Results from Trying to Revive a Lapsed Patent Without Investigating if It Was Intentionally Abandoned
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • February 14 2017

A patent owner attempted to revive a lapsed patent on the basis that the previous patent owner had unintentionally allowed the patent to expire. A


Outside The Box Innovations, LLC, et al. v. Travel Caddy, Inc., et al., No. 2009-1171 (Fed. Cir. Sept. 21, 2012)
  • Winston & Strawn LLP
  • USA
  • October 19 2012

A district court held a patent unenforceable for inequitable conduct for two reasons.


Stent wars: return of the dictionary and no inequitable conduct
  • McDermott Will & Emery
  • USA
  • October 31 2011

Addressing a host of issues, the U.S. Court of Appeals for the Federal Circuit found a district court’s claim construction was proper as was its consequent finding of no infringement.


Despite Therasense's heightened standard, another inequitable conduct claim survives summary judgment
  • Jeffer Mangels Butler & Mitchell LLP
  • USA
  • October 4 2011

It appears that the announced death of inequitable conduct claims may have been premature.


Inequitable conduct claim survives motion to dismiss because allegations permitted a plausible inference of intent to deceive
  • Jeffer Mangels Butler & Mitchell LLP
  • USA
  • September 28 2011

Plaintiff AlmondNet, Inc. filed a patent infringement action against Microsoft Corporation based on four patents pertaining to Internet advertising.


Another inequitable counterclaim dismissed after Thereasense
  • Jeffer Mangels Butler & Mitchell LLP
  • USA
  • September 19 2011

Plaintiff filed a patent infringement action against the defendant alleging that certain of defendant's T-shirt transfer products infringed plaintiff's patent.


Another inequitable conduct defense bites the dust after Thereasense
  • Jeffer Mangels Butler & Mitchell LLP
  • USA
  • September 5 2011

Abaxis, Inc. ("Abaxis") filed a patent infringement action against Cepheid asserting that Cepheid infringed four of Abaxis' patents. In its answer, Cepheid asserted a defense of inequitable conduct and Abaxis moved to dismiss the defense.


Eastern District of Texas gives generics a headache
  • McDermott Will & Emery
  • USA
  • August 31 2011

The U.S. District Court for the Eastern District of Texas recently ruled against generic drug manufacturers, granting an injunction barring U.S. Food and Drug Administration (FDA) approval of three abbreviated new drug applications.


Even after Therasense a defense of inequitable conduct survives summary judgment
  • Jeffer Mangels Butler & Mitchell LLP
  • USA
  • August 29 2011

After the Federal Circuit's decision in Thereasense, Inc. v. Becton, Dickinson and Co., 2011 WL 2028255 (Fed. Cir. 2011), it appeared likely that it would be difficult, if not impossible, to proceed on an inequitable conduct claim.