Results for Misrepresentation

Purdue Pharma L.P. v. Endo Pharmaceuticals Inc.

Case Number: CLB0048

Date: 01.05.2004

Plaintiffs’ patents directed to compositions that claim pain control over four-fold dosage range in approximately 90 percent of patients are unenforceable for inequitable conduct during prosecution, since plaintiffs’ repeated assertion that inventors’ “surprisingly discovered” that pain could be relieved over this claimed reduced dosage range was deliberate decision to represent mere “expectation” or “insight” as precisely quantified “result” or “discovery.”

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Hoffman-La Roche Inc. v. Promega Corp.

Case Number: CLB0006

Date: 03.31.2003

Inequitable conduct was found based upon the presentation of an example in the past tense when the example had never been performed as written. The court found that the misrepresentation was made with an intent to deceive and was material to patentability, despite the failure of the claims to recite the misrepresented subject matter.

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