Patent lawyers say the May 25 en banc ruling by the U.S. Court of Appeals for the Federal Circuit tightening the standards for inequitable conduct is likely to sharply curtail defense-side misconduct claims, in the long run. More immediately, it will result in a rash of summary judgment motions in pending cases.
In Therasense Inc. v. Becton Dickinson & Co., the Federal Circuit ruled that to “prevail on the defense of inequitable conduct, the accused infringer must prove that the applicant misrepresented or omitted material information with the specific intent to deceive the [U.S. Patent and Trademark Office].”
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