Last week in The Ohio Willow Wood Co. v. Alps South, LLC, __ F.3d __ (Fed. Cir. Feb. 19, 2016)(Bryson, J.), the panel affirmed an inequitable ruling based upon a patentee’s pleadings in a reexamination in conflict with evidence known to the patentee that was withheld from the reexamination.
Therasense Lives: Ohio Willow Wood represents the latest determination of inequitable conduct under Therasense, Inc. v. Becton, Dickinson & Co., 649 F.3d 1276 (Fed. Cir. 2011)(en banc).
Further details are provided in the attached pdf version of this note which also includes a yellow, highlight marked copy of the opinion.