by Steve Driskill | Jun 18, 2013 | Inequitable Conduct
While the Federal Circuit continues to set the bar high for establishing inequitable conduct, this case is a reminder of one’s duty of candor in dealing with the PTO and that substantially overstating your case may ultimately get you in trouble. After all, this one...
by Steve Driskill | Dec 14, 2012 | [sub] information disclosure, Inequitable Conduct, Prior Art
Somewhat of a moot point going forward in view of the new AIA supplemental examination procedures, the takeaway here is simply that a reissue application is permissible for an unintentional failure to file an IDS, and that “deceptive intent” in the reissue statute...
by Steve Driskill | Dec 7, 2012 | Inequitable Conduct
Not much from a prosecution standpoint. However, this case does highlight the importance (read: value) of competent patent attorneys, which the plaintiff apparently did not have: “Raylon’s attorney argued that claim construction ‘is kind of [an] arcane subject that...
by Steve Driskill | Nov 20, 2012 | Inequitable Conduct
It’s a dangerous world for patentees and all the more important to proceed diligently at the PTO. Any impropriety in obtaining a patent may further expose the patentee to antitrust liability, including a whole new realm of possible litigants as well as treble damages....
by Steve Driskill | Sep 21, 2012 | Inequitable Conduct
(1) While there may be some leeway in alerting the PTO of related litigation, such as here when validity was not (yet) an issue in the litigation, it’s still probably best practice to err on the side of caution. (2) Although the court did not say this flat out, a...
by Steve Driskill | Sep 13, 2012 | Inequitable Conduct
Knowledge of the reference and knowledge of materiality alone are insufficient after Therasense to show an intent to deceive. Moreover, it is not enough to argue “carelessness, lack of attention, poor docketing or cross-referencing, or anything else that might be...
