Tag Archives: Inequitable conduct

Federal Circuit Affirms Specific Intent to Deceive Based on Discovery Misconduct

Author: Alexander J. Zajac
Editor: Lily Robinson

In Regeneron Pharmaceuticals, Inc. v. Merus N.V., No. 2016-1346 (Fed. Cir. July 27, 2017), the Federal Circuit affirmed the district court’s decision that the claims of U.S. Patent No. 8,502,018 were unenforceable due to Regeneron’s inequitable conduct during prosecution.

The parties agreed that there were four references known to Regeneron during prosecution that were not cited to the Patent and Trademark Office (PTO).  Regeneron, however, argued that these references were neither material nor were withheld with specific intent to deceive the PTO. Continue reading

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Federal Circuit Affirms Inequitable Conduct for Withholding Evidence and Failing to Correct Representations to PTO

Author: Kristi L. McIntyre
Editor: Lauren J. Dreyer

In Ohio Willow Wood v. Alps South, Nos. 2015-1132, -1133 (Fed. Cir. Feb. 19, 2016), the Federal Circuit affirmed a finding of inequitable conduct.

OWW asserted infringement against Alps South, who sought reexamination of the claims. Appealing a rejection from the reexamination, OWW argued before the Board that certain testimony the examiner relied upon in making his rejection was uncorroborated. The Board agreed, reversing the examiner’s rejection and explaining that the examiner erred in crediting uncorroborated testimony, and the claims were confirmed.

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Treble Attorneys’ Fees Recoverable for Defending Against Fraudulently-Obtained Patent

Author: Kevin D. Rodkey
Editor: Lauren J. Dreyer

In Transweb, LLC v. 3M Innovative Properties Co., No. 14-1646 (Fed. Cir. Feb. 10, 2016), the Federal Circuit affirmed the district court’s finding that 3M was liable for a Walker Process antitrust violation because it had fraudulently obtained its patent through inequitable conduct and sought to enforce the patent. The court concluded that treble attorneys’ fees can serve as the basis for antitrust damages.

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