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Federal Circuit Reverses Medinol Fraud Standard.

Publication: Mondaq Business Briefing
Publication Date: 03-NOV-09
Format: Online
Delivery: Immediate Online Access

Article Excerpt
This article first appeared in World Media Law Report on October 15 2009.

In a highly anticipated decision, the U.S. Court of Appeals for the Federal Circuit overturned the infamous Medinol trademark procurement fraud standard previously adopted by the Trademark Trial and Appeal Board ("TTAB").

In In re: Bose Corp., No. 2008-1448, slip op. (Fed. Cir. August 31, 2009), the Federal Circuit Court expressly overruled the TTAB's fraud standard articulated in Medinol Ltd. v. Neuro Vasx, Inc, 67 U.S.P.Q.2d 1205 (T.T.A.B. 2003). In Medinol, the TTAB had ruled that merely filing...

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