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Fillable CAFC Heightens Standard for Inequitable Conduct

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Intellectual Property Alert May 26, 2011 CAFC Heightens Standard for Inequitable Conduct On May 25, 2011, in an en banc decision in Therasense, Inc. v. Becton, Dickinson and Co., the Court of Appeals for the Federal Circuit ("CAFC") significantly elevated the standard for proving inequitable conduct by a patentee before the United States Patent and Trademark Office (the "PTO") during prosecution of a patent....
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