Culpable Mental States in Intellectual Property Cases: An Emerging, Common Law-Like Uniformity


By David G. Barker
Last year, in Therasense, Inc. v. Becton, Dickinson & Co.,1 the Federal Circuit took a step toward ending what had become a “plague” in patent litigation, by deciding that negligence was no longer sufficient to prove patent inequitable conduct. But the court also took another step toward creating a more uniform jurisprudence across intellectual property law for causes of action that require proof of a culpable mental state.



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