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 LivesOhio 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.