About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.
2018 Juristant Badge - MBHB_165
Juristant #4 Overall Rank

E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Enter your email address:

Delivered by FeedBurner

Contact the Docs

Docs on Twitter


Disclaimer

  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.
Juristat_165
Juristat #8 Overall Rank

Pharma-50-transparent_216px_red

« USPTO News: Patent Prosecution Highway Pilot Program Between U.S. and Danish Patent Offices | Main | IPO PTO Day & Patent Interferences Rules & Practice Conference »

October 30, 2008

Comments

Judge Posner recently issued an opinion in New Media v. Barco (ND Ill), in which he rendered two patents unenforceable because the inventor lied in a declaration. Posner eschewed the notion that the court should engage in the meticulous process of trying to divine the effect of the lie on the prosecution. Posner is clear that when you lie, you lose your patent. Moreover, he suggests that the applicant in that case, a patent agent, should be disciplined by the PTO for his lie.

That's one plaintiff who probably wishes that he'd settled his dispute.

The Abbott opinion also demonstrates that the CAFC has lost its way on PI jurisprudence. Judges Newman and Gajarsa both offer excessively mechanical tests that seems to miss the point of having equitable remedies. I'd like to see SCOTUS grant cert to this case.

The comments to this entry are closed.

August 2019

Sun Mon Tue Wed Thu Fri Sat
        1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31