Patentee Opposes Inequitable Conduct Claim

December 1, 2016 – Plaintiff, Mark A. Barry, a doctor who recently won $20.3 million against Defendant Medtronic Inc. for infringing two of his patents, opposed Medtronic’s inequitable conduct defense and counterclaim, which alleged Dr. Barry and his lawyer withheld information from the USPTO that they knew to be material to patentability.  Dr. Barry argued that Medtronic failed to establish inequitable conduct as a matter of law because “Medtronic failed to prove that either Dr. Barry or [his prosecuting attorney] acted with deceptive intent in their dealings with the PTO.”

The patents-at-issue are U.S. Patent Numbers 7,670,358 and 8,361,121, which relate to devices that align vertebrae. The case is captioned Mark A. Barry, M.D. v. Medtronic, Inc., 14-cv-104, in the Eastern District of Texas.

By:  Christopher J. Stankus

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