In 2011, anen banc panel of the Federal Circuit decidedTherasense, Inc. v. Becton, Dickinson & Co., 649 F.3d 1276, 1290 (Fed. Cir. 2011) (en banc)
Federal Circuit Unravels Aventis' Tangled Web in Affirming Inequitable Conduct Finding
At the time of the <i>Therasense</i> decision there was some question as to just how stringently the Federal Circuit would adhere to the nominal standards for common law fraud. <i>Aventis Pharma S.A. v. Hospira, Inc.</i> appears to answer that question for both patent prosecutors and litigators.
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