[Pharm-policy] Biotech patents unenforceable due to mispresentation to USPTO

[James Love]

This is a case that has relevance for the ddI and other patent cases
where firms make misrepresentations regarding patent claims.  Jamie


http://www.ipo.org/FedCircSum.html


Biotech Patents Unenforceable Because of Misrepresentations to USPTO
Relating to Who Made the Inventions -- Perseptive Biosystems, Inc. v.
Pharmacia Biotech, Inc. 98-1325 -- On Aug. 29 a split panel of the
Federal Circuit upheld a ruling that Perseptive patents for separating
biological materials are unenforceable because of  inequitable
conductbefore the USPTO. The lower court found Perceptive?s inventors
made five intentional misrepresentations to the USPTO.  The
misrepresentations related mainly to whether employees of a company that
collaborated with Perceptive also should have been named inventors.  The
Federal Circuit majority, applying a clear error standard of review,
agreed the misrepresentations were material to whether the patents
should have been granted to Perceptive?s inventors alone.  Judge Newman
in a lengthy dissenting opinion argued the majority ignored patent claim
content and misjudged materiality and intent. 

-- 
James Love, Consumer Project on Technology
v. 1.202.387.8030, fax 1.202.234.5176
love@cptech.org, http://www.cptech.org