The plague lives on.
Apr. 27th, 2009 09:04 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
The Supreme Court denied certiorari today in Aventis v. Amphastar, despite Aventis' beautiful petition. :(
And thus, inequitable conduct, which the Federal Circuit once famously called a "plague" on patent litigation, lives on.
I'm wondering if this news will even break on Patently-O. SCOTUSblog never cared at all about the petition, but I think it was pretty notable to patent people. I just happened to want to check on it today on Westlaw, and there it was: cert. denied, April 27, 2009. :( :(
...then again, articles like this one make you not want the Supreme Court touching anything that needs sensible resolution. (I know, patent law has nothing to do with gender -- except that women are underrepresented in patent litigation -- but I can't believe their inanity can possibly be triggered only by gender issues.)
And thus, inequitable conduct, which the Federal Circuit once famously called a "plague" on patent litigation, lives on.
I'm wondering if this news will even break on Patently-O. SCOTUSblog never cared at all about the petition, but I think it was pretty notable to patent people. I just happened to want to check on it today on Westlaw, and there it was: cert. denied, April 27, 2009. :( :(
...then again, articles like this one make you not want the Supreme Court touching anything that needs sensible resolution. (I know, patent law has nothing to do with gender -- except that women are underrepresented in patent litigation -- but I can't believe their inanity can possibly be triggered only by gender issues.)