Inequitable Conduct After Therasense: Definitely Harder to Prove

Specific intent to deceive the USPTO did not exist where an inventor removed mention of a reference from his patent application, and then testified that the "reference was cumulative or merely provided background information."  Imura International U.S.A., Inc. v. HR Technology, Inc., No. 08-2220 (D. Kans. April 24, 2012).  The party asserting inequitable conduct also failed to show materiality under the but-for standard of Therasense.  This case is worth noting as yet another example of how Therasense has had a tangible, limiting impact on assertions of inequitable conduct.  Asserting inequitable conduct is unquestionably a harder defense to succeed upon than it used to be.

Upcoming Webinar

We are delighted to kick off the first B2 IP Webinar of 2019 with David Hannon, Of Counsel at Bejin Bieneman, who will provide an outline of issues for decision by a US brand owner in its pursuit of trademark protection in China. Mr. Hannon will dis…Register

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