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Rory Pheiffer publishes “Tightening the standard for proving inequitable conduct in patent cases”

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Rory Pheiffer, member of the firm’s Intellectual Property Litigation practice group, published “Tightening the standard for proving inequitable conduct in patent cases” in Mass High Tech on July 22. Rory discusses the much-anticipated decision in Therasense, Inc. v. Becton, Dickinson and Co., et al., which substantially raised the bar for the defense of “inequitable conduct” to a level that some think will make it virtually impossible to prove in patent infringement cases.

The article notes this is good news for high-tech patent holders and for the patent system, which has been increasingly bogged down by what were often baseless attempts to challenge the enforceability of patents. In Rory's experience, inequitable conduct is invoked almost as a matter of course by those accused of patent infringement. A finding of inequitable conduct knocks out the entire patent and can damage the reputation of the prosecuting attorney. The Court’s decision seeks to return inequitable conduct to its roots as a defense for situations involving truly egregious, outcome-determinative misconduct in the procurement of patents.

For a copy of the article, please click here.

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