- Category
- Articles
- Date
- May 10, 2012
- Title
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The Inequitable Conduct Defense - 1 Year After Therasense
Intellectual Property partner Randy Lipsitz, special counsel Richard L. Moss, and associates Aaron Frankel and Aakash Jariwala’s article "The Inequitable Conduct Defense – 1 Year After Therasense" appeared in the "Expert Analysis" section of Law360. The article gauges the practical impact of the Federal Circuit Court of Appeals’ decision in Therasense Inc. v. Becton Dickinson & Co., 649 F.3d 1276 (Fed. Cir. 2011), which imposed tougher requirements for an accused patent infringer to establish an inequitable conduct defense, i.e., that the asserted patent is unenforceable because the patent applicant or the applicant’s patent attorney intentionally withheld important information from the U.S. Patent and Trademark Office in obtaining the patent. Despite general predictions that the tougher requirements might spell the end for the inequitable conduct defense, several recent decisions have suggested that the defense is still viable.
Related People
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Aaron Frankel
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Aakash Jariwala
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- Associate
- Co-author
- Silicon Valley
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