Therasense, Inc. v. Becton, Dickinson and Company

Case Number: CLB0279

Date: 05.25.2011

Citation: 99 USPQ2d 1065

The Court changed the requirements for establishing an inequitable conduct defense by heightening the standards of both the intent and materiality elements. The heightened materiality standard requires “but-for” materiality. The heightened intent standard requires clear and convincing evidence of “specific intent.”

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