Patent Law | Expert Legal Commentary
January 18, 2008
McKesson v. Bridge Medical: Inequitable Conduct Due to Lack of Full Disclosure in Patent Prosecutions
McKesson Information Solutions, Inc. v. Bridge Medical, Inc.
By
John R. Carr
The decision in McKesson Information Solutions Inc. v. Bridge Medical Inc., 487 F.3d 897 (Fed. Cir. 2007), has been referred to by many as “frightening,” “burdensome,” and “a whopper.” Indeed, the decision places a high burden on patent prosecutors to disclose essentially every action in any related co-pending application. The failure to do so may result in a declaration that the patent is unenforceable due to inequitable conduct.
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