Proving Inequitable Conduct under Therasense Standard - Analysis of Federal Circuit's Decision in American Calcar, Inc. v. American Honda Motor Co.
Dmitry Zuev, Cantor Colburn associate, wrote the article, "Proving Inequitable Conduct under Therasense Standard - Analysis of Federal Circuit's Decision in American Calcar, Inc. v. American Honda Motor Co." which was published in the September/October 2015 issue of IP Litigator.
Four years ago, in the famous opinion Therasense, Inc. v. Becton Dickinson & Co., the Court of Appeals for the Federal Circuit set a high bar for challenging patent validity on the basis of inequitable conduct. After that decision, many legal commentators suggested that inequitable conduct would be nearly impossible to prove under the new standard. In the landmark case of American Calcar Inc. v. American Honda Motor Co., the Federal Circuit upheld the district court’s holding of invalidity based on prosecution misconduct for the first time since setting up the Therasense standard.
Dr. Zuev is a Ph.D. chemist and a patent attorney. He supports clients in the development of their patent portfolios, and has drafted and prosecuted patents and prepared opinions in the areas of chemistry, crystallography, chemical processes, metallurgy, nanotechnology, polymer and material science, pharmaceuticals, and biotechnology. Prior to joining the firm, he worked as a senior research investigator at Bristol-Myers Squibb Company. Dmitry is an inventor of several patents and has co-authored numerous technical articles in top-tier publications.