Cancer Research Technology Limited and Schering v. Barr Laboratories

I respectfully dissent. In my view, the majority opinion seriously errs in reversing the district court’s findings and conclusions that U.S. Patent No. 5,260,291 (“'291 patent”) is unenforceable on the grounds of both prosecution laches and inequitable conduct. In doing so, the majority propounds a new and unsupportable legal standard for prosecution laches. With regard to inequitable conduct, the majority not only creates a new evidentiary standard, but it also ignores virtually unassailable credibility findings made by the district court after a four-day bench trial. I address each in turn…