“Therasense v. Becton, Dickinson: An Opportunity for the Federal Circuit to Mend Its Fractured Inequitable Conduct Rulings”

Donald W. Rupert compares and contrasts inequitable conduct cases to identify tendencies in how the en banc court might decide the questions presented in the Therasense en banc oral argument in November 2010. The article he co-authored is entitled, “Therasense v. Becton, Dickinson: An Opportunity for the Federal Circuit to Mend Its Fractured Inequitable Conduct Rulings” is reprinted with permission from the October 2010 issue of the Intellectual Property & Technology Law Journal.

With 30+ years’ experience, Donald W. Rupert has handled over 100 IP litigation matters in the chemical, consumer products, heavy equipment, pharmaceutical, and computer industries. He has been lead trial counsel in jury and bench trials, in the US and internationally, and lead appellate counsel in IP appeals; he has also acted as lead IP attorney in commercial transactions having a cumulative value of over $15 billion. His skills have been acknowledged by Martindale-Hubbell® (AV rating), Best Lawyers in America, Leading Lawyers, and The Legal 500, which noted that clients describe him as a “person of ethics and integrity, with strong expertise.”