INTELLECTUAL PROPERTY CLIENT ALERT: Federal Circuit Affirms Inequitable Conduct Judgment for Non-disclosure of Material References

The Court of Appeals for the Federal Circuit recently affirmed a District Court’s judgment of inequitable conduct based on the patent applicant’s failure to disclose to the U.S. Patent and Trademark Office (USPTO) references that rendered two patents invalid for obviousness under 35 U.S.C. § 103. The decision in Aventis Pharma S.A., et al. v. Hospira, Inc., No. 11-1018 (Fed. Cir. Apr. 9, 2012), reaffirms the holding in Therasense, Inc. v. Becton, Dickinson & Co., No. 2008-1511 (Fed. Cir. May 25, 2011) and provides additional guidance for conduct from which it may infer an intent to deceive the USPTO.