In Therasense Inc. v. Becton Dickinson & Co., the Federal Circuit ruled that to “prevail on the defense of inequitable conduct, the accused infringer must prove that the applicant misrepresented or omitted material information with the specific intent to deceive the [U.S. Patent and Trademark Office].”

Lawyers believe the 6-1-4 ruling is a likely candidate for U.S. Supreme Court review.