Category Archives: Inequitable Conduct

Regeneron Pharmaceuticals, Inc. v. Merus N.V.

Docket No. 2016-1346 PROST, NEWMAN, WALLACH July 27, 2017 Brief summary: DC finding of inequitable conduct based on “adverse inference of specific intent to deceive the PTO”, perhaps due in part to litigation misconduct, affirmed. Summary: Regneron appealed DC holding … Continue reading

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U.S. Water Services, Inc., Roy Johnson v. Novozymes A/S et al.

Docket No. 2015-1950, -1967 WALLACH, HUGHES, STOLL December 15, 2016 Brief Summary: DC grant of SJ for invalidity (inherent anticipation) reversed; grant of SJ of no inequitable conduct affirmed. Summary: U.S. Water (USW) appealed DC grant of SJ to Novozymes … Continue reading

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The Ohio Willow Wood Company v. Alps South, LLC

Docket No. 2015-1132, -1133 NEWMAN, CHEN, HUGHES February 19, 2016 Brief Summary: DC finding of inequitable conduct affirmed. Summary: This appeal follows an earlier decision remanding part of the case against Alps for trial (Ohio Willow Wood, FC 2013). OWW’s … Continue reading

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TransWeb, LLC v. 3M Innovative Properties Company, 3M Company

Docket No. 2014-1646 DYK, TARANTO, HUGHES February 10, 2016 Brief Summary: Findings of invalidity based on prior public use / obviousness, non-infringement, inequitable conduct, and trebeled damages for antitrust violations affirmed. Summary: Transweb sued for DJ of invalidity and non-infringement … Continue reading

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Apotex, Inc. et al. v. UCB, Inc. et al.

Docket No. 2013-1674 REYNA, WALLACH, HUGHES August 15, 2014 Brief Summary: Patent unenforceable due to inequitable conduct by inventor and through his prosecuting attorney and expert witness, including an admission at trial that experiments described in the application were “made … Continue reading

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American Calcar, Inc. v. American Honda Motor Co., Inc.

Docket No. 2013-1061 PROST, NEWMAN (d), WALLACH September 26, 2014 Brief Summary: Inequitable conduct found where entirety of material information was not disclosed and DC determined “the only reasonable inference [was] that [he] knew the prior art was material to … Continue reading

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The Ohio Willow Wood Company v. Alps South, LLC

Docket No. 2012-1642, 2013-1024 DYK, BRYSON, REYNA November 15, 2013 Brief Summary: Collateral estoppel decision affirmed because no new issues raised; obviousness found where claimed numerical limits nothing other than “the exercise of routine skill”; improper SJ of no IE … Continue reading

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