Case: Patents/Inequitable Conduct (Fed. Cir.)

The Federal Circuit affirmed the decision of a federal district court in Delaware that Belcher Pharmaceuticals LLC’s patent for more potent and less toxic formulations of epinephrine and methods of medical use is unenforceable because Belcher’s chief science officer intentionally withheld material information from the U.S. Patent and Trademark Office, in this infringement action against Hospira Inc. The district court found that Belcher’s chief science officer withheld key information that would have shown the patent application didn’t cover a new invention, and argued otherwise to the patent examiner. According to the Federal Circuit, the district court didn’t clearly err by ...