Regeneron Pharmaceuticals, Inc. v. Merus N.V. (Federal Circuit 2017) In a split decision, the Federal Circuit has affirmed a S.D.N.Y. judgment – finding Regeneron’s U.S. Patent No. 8,502,018 unenforceable based upon inequitable conduct during prosecution.   The inequitable conduct allegation here follows the typical pattern – the patentee failed to submit four relevant prior art references.  The majority opinion was penned … Continue reading Important Inequitable Conduct Case: Hybrid Prosecution/Litigation Misconduct