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Re: rkrw post# 125914

Tuesday, 08/30/2011 5:46:17 PM

Tuesday, August 30, 2011 5:46:17 PM

Post# of 257314
Endo settled one such suit, as I recall[S.D.N.Y 2004-6?]. J.Stein 1st found inequitable conduct on part of Purdue in obtaining Oxycontin patents. That decision was vacated and remanded by Fed. Cir., then J. Stein ultimately changed his view on the intent to deceive issue.

Fed. Cir. twice agreed with J. Stein there had been a material omission of info disclosed to PTO by Purdue, but disagreed with J.Stein on weight given by him on intent to deceive issue.

Very complex and unusual factual situation.

410 F.3d 690(2005), on rehearing 438 F.3d 1123(2006).

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