Bankruptcy, Inequitable Conduct, and the Therasense Decision: An Analysis of Dippin' Dots Inc.

摘要

Dippin' Dots Inc., a Kentucky manufacturer of cryogenically frozen ice cream, found itself garnering much attention in late 2011 due to its bankruptcy. However, Dippin Dots was also of interest for other reasons in 2011. Specifically, the Therasense federal patent decision and the subsequent updated guidelines on Inequitable Conduct put out by the US Patent Office fit very closely with a 2003 patent case involving Dippin Dots. These guidelines resolved an important ambiguity and lack of clarity in US patent doctrine. Had these guidelines existed in 2003, it is possible the Dippin' Dots bankruptcy may not have occurred, or may have occurred in a different format.