SAN FRANCISCO — An in-house lawyer’s deception killed a patent infringement suit by Abbott Laboratories four years ago. And that lawyer’s conduct continues to be the downfall of the suit under a new standard recently set forth by the Federal Circuit U.S. Court of Appeals.
U.S. District Judge William Alsup on Tuesday — revisiting the suit on remand — again sided against Abbott in its claims that other companies infringed on its patent pertaining to diabetic testing strips. As he did in 2008 at a bench trial, Alsup found the former Abbott lawyer’s inequitable conduct — withholding certain information from the U.S. Patent and Trademark Office — rendered the patent invalid.
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