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On May 25, 2011, the
Court of Appeals for the Federal Circuit (CAFC) issued a long-awaited en banc decision
in Therasense, Inc. v. Becton, Dickinson
& Co., 2011
U.S. App. LEXIS 10590 (Fed. Cir. 2011).
The decision raises the standard for proving inequitable conduct
and presumably will make it much more difficult for defendants to succeed on the
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