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Avid Identification Systems, Inc. v. Crystal Import Corp. (Fed. Cir. 2010)

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

By Kevin E. Noonan -- Last week, the Court of Appeals for the Federal Circuit in Therasense Inc. v. Becton Dickinson & Co. issued an order granting plaintiffs' motion for rehearing en banc on the Court's previous affirmance that the patents-in-suit were unenforceable for inequitable conduct. In its order, the Court certified six questions relating to its inequitable conduct jurisprudence, asking the parties and amici to provide their views on the standards of materiality and intent and the "balancing" test first enunciated in Kingsdown Medical Consutants Inc. v. Hollister (see "Federal Circuit Grants En Banc Review in Therasense v. Becton...

Full post as published by Patent Docs on May 05, 2010 (boomark / email).