Fed Circuit Watch: Nexus Required Between Attorney Fees Award and Misconduct

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Another recently unsealed opinion from August 15, 2018 revealed a decision of the Court of Appeals for the Federal Circuit involving inequitable conduct and fee award.  In the opinion dated July 28, 2018, in In re Rembrandt Techs., LP Patent Litigation,[1] the Fed Circuit held that while the district court did not abuse its discretion, …

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Fed Circuit Watch: Merck’s Unclean Hands Render Hep C Patents Unenforceable

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The doctrine of unclean hands is a judicially-created equitable defense in which equitable relief is denied where that party has acted in a fraudulent manner or in bad faith.[1]  Gilead Scis., Inc. v. Merck & Co., Inc.,[2] decided by the Court of Appeals for the Federal Circuit on April 25, 2018, discusses the confluence of …

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Fed Circuit Watch: Litigation Misconduct and Inequitable Conduct

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By Brent T. Yonehara On July 27, 2017, the Court of Appeals for the Federal Circuit decided Regeneron Pharmaceuticals, Inc. v. Merus B.V.  In Regeneron, the Federal Circuit affirmed a district court’s finding that Regeneron’s patent 8,502,018 was unenforceable due to inequitable conduct.[1]  This case brings up the Therasense New Order of Inequitable Conduct in …

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