Patent Attorneys — Presumed Guilty Until Proven Innocent

John Whealan, former USPTO Solicitor, and now Associate Dean for Intellectual Property Law Studies at George Washington University argued on behalf of Therasense, Inc.  and Abbott Labs in the en banc oral argument yesterday in Therasense v. Becton, Dickinson and Co.  The comment that I think will resonate with registered patent attorneys is the following: [Listen].  Since the Federal Circuit began making the recordings of oral arguments available on its web site in 2006, this is the first time that I’ve ever heard an advocate make the argument that patent attorneys are honest people . . . it is refreshing to finally hear someone point this out to the Federal Circuit.

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