The Evolving Scope of the Inequitable Conduct Defense: 1st Media, LLC v. Electronic Arts, Inc.

On September 13, 2012, the U.S. Court of Appeals for the Federal Circuit, in 1st Media, LLC v. Electronic Arts, Inc., No. 2010-1435 (“1st Media”), reversed a Nevada district court’s ruling holding a patent owned by 1st Media unenforceable due to inequitable conduct.  1st Media, LLC v. do Pi Karaoke, Inc., No. 07-cv-1589 (Apr. 23, 2010).  The opinion is another in the recent string of cases elucidating the evolving scope of the inequitable conduct defense, and is interesting primarily for the guidance it provides concerning the “specific intent to deceive” prong of the defense under Therasense.  Therasense, Inc. v. Becton, Dickinson & Co.,   Read More »

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