Quoted in Law360: Full Fed. Circ. Asked to Rethink Voiding IP in Ethanol MDL

Michael E. McCabe, Jr.Inequitable Conduct, IP Ethics, Patent Litigation Ethics, PTO Ethics Rules, Quotes, Speaking Engagements

On April 15, 2020, Michael E. McCabe, Jr. was quoted in Law360 (including IP360 and Legal Ethics360) in an article entitled Full Fed. Circ. Asked to Rethink Voiding IP in Ethanol MDL by Tiffany Hu (sub. req’d).

The Law360 article addresses the Federal Circuit’s recent decision that Cantor Colburn attorneys and their client committed inequitable conduct in connection with prosecution of patents asserted by GS CleanTech Corp. in multidistrict patent litigation.  See GS CleanTech Corp. v. Adkins Energy LLC, et. al, No. 2016-2231, 2017-1838 (Fed. Cir. Mar. 2, 2020).  The Federal Circuit upheld the district court’s finding that the patents-in-suit were unenforceable.  We discussed the implication of this decision in our March 5, 2020 blog post (here).