In a closely watched appeal, the U.S. Court of Appeals for the Federal Circuit has reversed the Trademark Trial and Appeal Board’s controversial standard for establishing fraud on the Patent and Trademark Office (PTO).
In In re Bose Corp., Case No. 2008-1448 (Fed. Cir. Aug. 31, 2009) the Federal Circuit rejected the “knows or should know” standard established by the board in Medinol Ltd. v. Neuro Vasx, Inc., 67 U.S.P.Q.2d 1205, 2003 WL 21189780 (TTAB 2003). Instead, the Federal Circuit made clear that, to commit fraud on the Patent and Trademark Office, a party must “knowingly make[] a false, material representation with the intent to deceive the PTO.” Trademark practitioners around the world are breathing a collective sigh of relief.
‘Medinol’ Lowered the Bar
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