Biotech Values

[investorgold2002]

patentdocs summary of inequitable conduct en banc opinion

http://www.patentdocs.org/2011/05/therasense-inc-v-becton-dickinson-co-fed-cir-2011.html

the Court issued clear standards for establishing the inequitable conduct defense.
Simply put, first, an omitted reference is a material reference only if "but for" its exclusion the claim or patent would not have issued.
Second, there must be clear and convincing evidence of a specific intent to deceive by the applicant.
Third, a court cannot use a "sliding scale" to find inequitable conduct, i.e., it cannot find sufficient a weak showing of intent based on a strong showing of materiality; both materiality and intent to deceive must be supported by clear and convincing evidence.
And finally, in view of the severity of the remedy of unenforceability, courts should apply equity to ensure that the remedy is not imposed for misconduct that was "immaterial to the issuance of the patent."