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Patent Law

: Patent Docs

BIO Files Amicus Brief in Therasense Case

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

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By Kevin E. Noonan -- On August 2nd, the Biotechnology Industry Organization (BIO) filed an amicus curiae brief with the Federal Circuit in the Therasense, Inc. v. Becton, Dickinson & Co. case. The brief, filed in support of neither party ("BIO . . . has no interest in the ultimate disposition of this litigation") urges the en banc Court to "set aside its prior legal framework on which the inequitable conduct defense presently rests and adopt a more certain framework." BIO's proposed "more certain framework" has three requirements for establishing inequitable conduct. First, there must be either a "misrepresentation or...

Full post as published by Patent Docs on August 09, 2010 (boomark / email).

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