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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.

17 minute read May 30, 2012 at 03:50 PM
By
Frederick L. Whitmer
Federal Circuit Unravels Aventis' Tangled Web in Affirming Inequitable Conduct Finding

In 2011, an en banc panel of the Federal Circuit decided Therasense, Inc. v. Becton, Dickinson & Co., 649 F.3d 1276, 1290 (Fed. Cir. 2011) (en banc

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