OANDP-L
  • Login
No Result
View All Result
The O&P EDGE
  • PECOS
  • Magazine
    • Subscription
    • Current Issue
    • Issue Archive
    • News Archive
    • Product & Service Directory
    • Advertising Information
    • EDGE Flipbooks
  • O&P Jobs
    • Find a Job
    • Post a Job
  • EDGE Advantage
    • EA Homepage
    • EA Data
  • O&P Facilities
  • Resources
    • Product & Service Directory
    • Calendar
    • Contact
    • About Us
    • O&P Library
    • The Guide
    • Custom Publications
    • Advertising Information
    • EDGE Direct
    • Amplitude Media Group
  • PECOS
  • Magazine
    • Subscription
    • Current Issue
    • Issue Archive
    • News Archive
    • Product & Service Directory
    • Advertising Information
    • EDGE Flipbooks
  • O&P Jobs
    • Find a Job
    • Post a Job
  • EDGE Advantage
    • EA Homepage
    • EA Data
  • O&P Facilities
  • Resources
    • Product & Service Directory
    • Calendar
    • Contact
    • About Us
    • O&P Library
    • The Guide
    • Custom Publications
    • Advertising Information
    • EDGE Direct
    • Amplitude Media Group
No Result
View All Result
The O&P EDGE Magazine
No Result
View All Result
Home News

Court Nulls WillowWood Patent Due to Inequitable Conduct

by The O&P EDGE
October 3, 2014
in News
0
SHARES
12
VIEWS
Share on FacebookShare on Twitter

The U.S. District Court for the Southern District of Ohio ruled on September 24 that U.S. Patent No. 5,830,237 (237), titled “Gel and Cushioning Devices,” held by WillowWood, Mt. Sterling, Ohio, is unenforceable due to inequitable conduct.

The original suit dates back to December 2004 when WillowWood filed a complaint against ALPS South, St. Petersburg, Florida, for infringement of that patent. Litigation has been ongoing since that time. More recently, on November 15, 2013, the U.S. Court of Appeals for the Federal Circuit ruled in favor of ALPS that patent 237 is invalid, and the judge sent the case back to the district court to determine if WillowWood had committed inequitable conduct during reexamination proceedings.

In this latest trial, U.S. District Judge Gregory Frost found that WillowWood misrepresented information to the U.S. Patent and Trademark Office (PTO) during its appeal of the second reexamination of the patent 237, and thus “engaged in inequitable conduct before the PTO”; an inequitable conduct finding renders the entire patent unenforceable. As written in the opinion following the trial, “[t]o prove inequitable conduct, the challenger must show by clear and convincing evidence that the patent applicant (1) misrepresented or omitted information material to patentability, and (2) did so with specific intent to mislead or deceive the PTO.”

The court further found that ALPS is entitled to its attorneys’ fees incurred since September 30, 2011, in this litigation.

WillowWood president Ryan Arbogast issued the following statement: “While understandably disheartened by this ruling, we believe we acted ethically and we stand by our conduct. We are conferring with our legal counsel about what our next actions will be in regard to this ruling. In the meanwhile, we want to reassure our customers that WillowWood remains strong and that we are fully able to meet their product needs.”

A request for a comment was submitted to ALPS, but the company has not yet responded.

Related posts:

  1. ALPS Asks Federal Circuit to Affirm Inequitable Conduct Ruling
  2. ALPS Sues Law Firm in Patent Dispute
  3. Courts Rule against WillowWood in Patent-Related Suits
  4. NAAOP Update: Victory on ALJ Hearings Backlog
Previous Post

Ottobock Announces August Winner of Its C-Leg Photo Contest

Next Post

CMS Releases FY2013 RAC Report to Congress

Next Post

CMS Releases FY2013 RAC Report to Congress

Linkedin X-twitter Facebook

VIEW CURRENT ISSUE

SUBSCRIBE FOR FREE

 

RECENT NEWS

Get unlimited access!

Join EDGE ADVANTAGE and unlock The O&P EDGE's vast library of archived content.
SUBSCRIBE TODAY

O&P JOBS

Central

ABC Certified or Board Eligible Orthotist/Prosthetist

Pacific

Pediatric Orthotic & Prosthetic Clinician Department of Orthopaedic Surgery – UCSF

Eastern

CERTIFIED ORTHOTIC FITTER

The O&P EDGE Magazine
 
Required 'Candidate' login to applying this job. Click here to logout And try again
 

Login to your account

  • Forgot Password? | Sign Up

Reset Password

  • Already have an account? Login

Enter the username or e-mail you used in your profile. A password reset link will be sent to you by email.

Signup to your Account

  • By clicking checkbox, you agree to our Terms and Conditions and Privacy Policy

    Already have an account? Login

Close
No Result
View All Result
  • PECOS
  • MAGAZINE
    • SUBSCRIBE
    • CURRENT ISSUE
    • ISSUE ARCHIVE
    • NEWS ARCHIVE
    • PRODUCTS & SERVICES DIRECTORY
    • ADVERTISING INFORMATION
  • O&P JOBS
    • FIND A JOB
    • POST A JOB
  • EDGE ADVANTAGE
    • EA Homepage
    • EA Data
  • FACILITIES
  • RESOURCES
    • PRODUCTS & SERVICES DIRECTORY
    • CALENDAR
    • CONTACT
    • ABOUT US
    • O&P LIBRARY
    • THE GUIDE
    • CUSTOM PUBLICATIONS
    • ADVERTISING INFORMATION
    • EDGE DIRECT
    • AMPLITUDE
  • OANDP-L
  • LOGIN

© 2025 The O&P EDGE

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?
 

Account Activation

Before you can login, you must activate your account with the code sent to your email address. If you did not receive this email, please check your junk/spam folder. Click here to resend the activation email. If you entered an incorrect email address, you will need to re-register with the correct email address.

 

© 2024 The O&P EDGE

  • About
  • Advertise
  • Contact
  • EDGE Advantage
  • OANDP-L
  • Subscribe

CONTACT US

866-613-0257

[email protected]

201 E. 4th St.
Loveland, CO 80537

The most important industry news and events delivered directly to your inbox every week.

  • About
  • Advertise
  • Contact
  • EDGE Advantage
  • OANDP-L
  • Subscribe

© 2025 The O&P EDGE

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
The O&P EDGE Magazine
 
Required 'Candidate' login to applying this job. Click here to logout And try again
 

Login to your account

  • Forgot Password? | Sign Up

Reset Password

  • Already have an account? Login

Enter the username or e-mail you used in your profile. A password reset link will be sent to you by email.

Signup to your Account

  • By clicking checkbox, you agree to our Terms and Conditions and Privacy Policy

    Already have an account? Login

Close
No Result
View All Result
  • PECOS
  • MAGAZINE
    • SUBSCRIBE
    • CURRENT ISSUE
    • ISSUE ARCHIVE
    • NEWS ARCHIVE
    • PRODUCTS & SERVICES DIRECTORY
    • ADVERTISING INFORMATION
  • O&P JOBS
    • FIND A JOB
    • POST A JOB
  • EDGE ADVANTAGE
    • EA Homepage
    • EA Data
  • FACILITIES
  • RESOURCES
    • PRODUCTS & SERVICES DIRECTORY
    • CALENDAR
    • CONTACT
    • ABOUT US
    • O&P LIBRARY
    • THE GUIDE
    • CUSTOM PUBLICATIONS
    • ADVERTISING INFORMATION
    • EDGE DIRECT
    • AMPLITUDE
  • OANDP-L
  • LOGIN

© 2025 The O&P EDGE

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?
 

Account Activation

Before you can login, you must activate your account with the code sent to your email address. If you did not receive this email, please check your junk/spam folder. Click here to resend the activation email. If you entered an incorrect email address, you will need to re-register with the correct email address.