Biotech Values

[investorgold2002]

Correct answer is:
Previously, there was a "sliding scale" standard on materiality and intent to deceive...meaning if materiality is high , intent to deceive could be low[or materiality is low , but intent to deceive high] and you could still win inequitable conduct
Now that is gone. Both materiality and intent to deceive needs to be there

Materiality - "but for" standard is required
intent to deceive - can be indirect but there should clear and convincing evidence brought forward ....just negligence or gross negligence would not be enough

So , yes now the standards for inequitable conduct has been raised.
Intent to deceive part might be tricky and hard to prove (unless something comes forward in TEVA's testimony in the trial)

http://www.cafc.uscourts.gov/images/stories/opinions-orders/08-1511.pdf