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American Bar Association Files Amicus Brief in Therasense Case

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

By Kevin E. Noonan -- The American Bar Association (ABA) has filed a brief in the Therasense, Inc. v. Becton, Dickinson & Co. case, in support of neither party but arguing forcefully that the current state of the Federal Circuit's jurisprudence on inequitable conduct is in need of correction. The brief follows a recommendation from the Intellectual Property Law (IPL) committee of the Association, identified as ABA Report with Recommendation #107B (Policy adopted August 2009), included with the brief as an appendix. This recommendation stemmed from the work of a Task Force established by the ABA-IPL with instructions to "start...

Full post as published by Patent Docs on August 17, 2010 (boomark / email).