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AstraZeneca Pharmaceuticals LP v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2009)

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

Sometimes, Sins of Omission Are Not Inequitable Conduct By Kevin E. Noonan -- St. Thomas Aquinas recognized two types of sin: those of omission and those of commission. In patent law, inequitable conduct comes closest to this concept of sin, where frequently the accused behavior is the failure to submit to a patent examiner during prosecution information that is material to patentability. However, mere failure to submit is not enough; there must be some evidence of deceptive intent. Kingsdown Medical Consultants, Ltd. v. Hollister Inc., 863 F.2d 867 (Fed. Cir. 1988) (en banc). These principles were reaffirmed last Friday by...

Full post as published by Patent Docs on September 29, 2009 (boomark / email).