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CAFC Turns Its Attention From Trademark Fraud to Patent Inequitable Conduct

In its Bose decision last year, the U.S. Court of Appeals for the Federal Circuit knocked down the underpinnings of the TTAB's fraud jurisprudence (i.e., Medinol) and demanded a higher standard of proof for fraud. It now appears that the CAFC's focus on trademark fraud was only one facet of its current concern with the issues of intent and materiality in connection with USPTO transactions. On April 26, 2010, the court granted a petition for rehearing en banc in Therasense, Inc. v. Becton, Dickinson & Co., Appeal No. 2008-1511, in order to consider the parameters of the inequitable conduct doctrine in patent law. In particular, the court ordered the parties to address the six questions set out below [See the court's Order here].1. Should the materiality-intent-balancing framework for inequitable conduct be modified or replaced?2...continue to full post

Full post as published by The TTABlog on May 19, 2010 (boomark / email).