Foley Partner Courtenay Brinckerhoff was quoted in an article that appeared in the August 2011 issue of Nature Biotechnology titled “US Court Bolsters Biotech Patent Protection.” Brinckerhoff discusses the outcome of Therasense vs. Becton Dickinson & Company and its significance to biotech companies. She observes that the decision offers patent holders a new basis for defeating an inequitable conduct charge, but adds that litigants are likely to continue raising the defense in order to render an entire patent unenforceable until more court decisions have rejected weaker charges of inequitable conduct.
