Inequitable Conduct – How to Protect Your Patents from this Unenforceability Trap

Inequitable Conduct: How to Protect Your Patents from this Unenforceability Trap

 
March 4 (Thursday) 
Noon – 1:30pm EST
$150 AUTM Members / $225 Non-Members
Presenters:
Warren D. Woessner, JD, PhD – Schwegman Lundberg & Woessner
David Hricik, JD – Mercer Law School, Northwestern University
William Covey, JD – Office of Enrollment & Discipline, USPTO

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What It's All About:
Patent litigants are still pleading and prevailing on the “inequitable conduct” defense to infringement. Following Therasense, may IP attorneys fell into a state of complacency about the acts required and the consequences for them - and for their clients - of pushing beyond advocacy and into the dangerous waters of inequitable conduct or its companion equitable defense, egregious misconduct. However, recent decisions have demonstrated that these equitable remedies can destroy both the value of the implicated patents and the reputations of the individual and their firms. Through a discussion of recent case law, participants will discover how to avoid an inequitable conduct ruling and the consequences should an attorney be found “guilty”.
 
Learning Objectives:
  • Describe how the Therasense standard for inequitable conduct has been applied by the courts to render valuable patents unenforceable
  • Explain how to avoid an inequitable conduct ruling against your attorneys or inventors
  • List the possible consequences for attorneys who are found “guilty” of inequitable conduct

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