Petition for Rehearing en banc of Regeneron v. Merus Denied. Judge Newman Thought the Petition Should Have Been Granted
Dr. Richard Chinn reports,
Petition for rehearing en banc of Regeneron v. Merus denied, where the Fed. Cir. had upheld the district court's conclusion of unenforceability due to inequitable conduct, finding but-for materiality, under a broadest reasonable claim construction, for four withheld references submitted by a third-party shortly before issuance and drawing an adverse inference as to specific intent to deceive the PTO based on Regeneron's litigation misconduct. In her dissent, Judge Newman articulates her view that the precedent is a disservice to the patent practitioner, the patentee and the public.