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IPO Files Amicus Brief in Therasense Case

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

By Kevin E. Noonan -- The Intellectual Property Owners Association (IPO) filed an amicus curiae brief last week in the Therasense, Inc. v. Becton, Dickinson & Co. case. The brief, filed in support of neither of the parties to the underlying lawsuit, clearly stated the IPO's position that Federal Circuit jurisprudence on inequitable conduct had strayed, both from the CAFC's earlier precedents and, more importantly, from controlling Supreme Court precedent, and urged the en banc Court to correct this trend. The IPO's brief begins by arguing that the Federal Circuit's "materiality-intent-balancing framework for inequitable conduct" was inconsistently applied and lacked...

Full post as published by Patent Docs on August 03, 2010 (boomark / email).