Fraud is Alive and Well after Therasense

Although the stringent “but for” test of materiality of Therasense has made it difficult to show inequitable conduct, in Apotex, Inc. v. UCB, Inc., 2013-1674 (Fed. Cir. 2014) the Federal Circuit affirmed a finding of inequitable conduct.  After finding materilaity, … Continue reading Fraud is Alive and Well after Therasense