With David Anstaett, Dan Bagatell, Chun Ng, Michael Warnecke
On May 25, 2011, the Federal Circuit issued its long-awaited en banc decision in TheraSense, Inc. v. Becton, Dickinson & Co. By a 6-4-1 vote, the court significantly narrowed the classes of cases where courts may find a patent unenforceable due to inequitable conduct before the Patent and Trademark Office ("PTO").