Tag Archives: Diligence

Swearing Behind A Reference With Reasonably Continuous Diligence

In Perfect Surgical Techniques, Inc. v. Olympus America, Inc., the Federal Circuit vacated and remanded a USPTO Patent Trial and Appeal Board decision in an Inter Partes Review proceeding, finding that the PTAB imposed too strict a diligence requirement for swearing behind a reference. This case reminds us that proof of conception and diligence towards … Continue reading this entry

Stand-Off On Diligence Provisions: Depomed and Abbott Terminate License Agreement

On March 16, 2011, Depomed, Inc. disclosed in an SEC filing that it entered into a Settlement Agreement with Abbott Laboratories to terminate an exclusive license agreement between the parties relating to Depomed's gabapentin product. I have been paying close attention to this situation because it involved a potential dispute between the parties as to the meaning of diligence provisions in the license agreement. … Continue reading this entry