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« Conference & CLE Calendar | Main | BIO Files Amicus Brief in Therasense Case »

August 08, 2010

Comments

Kevin,

As other briefs besides BIO's have said, there is essentially no unformity, much less fairness, in how the standard for inequitable conduct is applied by the courts and especially what the correct standard is in the eyes of the Federal Circuit. As much as several Federal Circuit judges have lamented this "plague," those laments, with all due respect, sound hypocritical with the reality of how the Federal Circuit has applied and especially failed to enunciate a consistent, logical, and rational standard for what is inequitable conduct. The fact remains that Federal Circuit's "fuzzy" approach to this question has created this jurisprudential mess, and only they can rectify that mess. We can only hope that the en banc ruling in Therasense will do that, once and for all time.

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