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Exergen Corp. v. Wal-Mart Stores, Inc. (Fed. Cir. 2009)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

Has Inequitable Conduct Met Its Match? By Kevin E. Noonan -- There have been clear indications for some time that certain members of the Federal Circuit believe that the Court's inequitable conduct jurisprudence has gone astray from the "a high bar" Judge Rader (at right) believes the Court's earlier case law requires for establishing this affirmative defense. (See his opinion is Eisai Co. v. Dr. Reddy's Laboratories, Inc., citing Kingsdown Medical Consultants, Ltd. v. Hollister Inc., 863 F.2d 867, 876 (Fed. Cir. 1988)). Evidence of such straying can be found in recent decisions that expanded the conduct deemed by certain...

Full post as published by Patent Docs on August 07, 2009 (boomark / email).