Patent Litigation and Inequitable Conduct Defenses
Asserting and Defending Inequitable Conduct Challenges Amid Inconsistent Federal Circuit Standards
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, September 1, 2009
Recorded event now available
This seminar will explain the impact that recent case law, budget crises affecting prosecutors, and pending federal legislation is having on the use of the inequitable conduct defense. The panel will provide best practices for arguing for and against the inequitable conduct defense in patent litigation.
Description
Inequitable conduct is often raised as an affirmative defense in patent infringement litigation. It is a highly contentious defense because a court’s finding of inequitable conduct on the part of a patent holder could result in a patent being declared unenforceable.
The standard for proving inequitable conduct is high, requiring clear and convincing evidence of a patent applicant’s failure to disclose material prior acts and intent to deceive the Patent and Trademark Office. However, the Federal Circuit has applied the standard inconsistently over the years.
Listen as our panel of patent litigators examines the evolution of the inequitable conduct defense in patent litigation and explains how recent case law, the current budget crisis affecting prosecutors, and pending federal legislation are shaping the use of the defense. The panel will outline strategies for arguing for and against the inequitable conduct defense in patent litigation.
Outline
- Inequitable conduct defense
- Definition and history of defense
- Common assertions by defendants raising the defense
- Recent case law
- Litigation strategies
- Patent reform and the inequitable conduct defense
Benefits
The panel will review these and other key questions:
- What are the most common assertions defendants make when raising the inequitable conduct defense?
- What are the primary risks associated with litigating the inequitable conduct defense?
- What are some best practices for prosecutors and litigators when pursuing and defending inequitable conduct allegations?
- What impact is pending legislative reform expected to have on the inequitable conduct standard?
Faculty
John L. North,
Partner
Sutherland Asbill & Brennan, Atlanta
He is Chair of the firm’s Patent Litigation Team. He focuses on patent litigation and related antitrust controversies and has handled a number of trade secret disputes. He has handled cases involving pharmaceuticals, interactive program guides, electronic coupons and other electronics issues, various chemical products, medical products, paint, textile dye processes and a variety of minerals.
Eric J. Lobenfeld,
Partner
Hogan & Hartson, New York
He has more than 30 years of experience litigating cases involving patent, trademark, copyright, antitrust and complex commercial issues. He represents companies in a wide variety of industries, including computer hardware and software, pharmaceuticals, medical devices, bar code scanning, wireless local area networks, electrical components, television broadcasting and financial services.
K. T. (Sunny) Cherian,
Partner
Howrey, San Francisco
He handles all areas of intellectual property litigation. Prior to becoming a lawyer, he was a program manager with the U.S. Department of Energy, specializing in renewable energy conversion.
Ordering
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Includes full event recording plus handouts (available after live seminar).
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Customer Reviews
The teleconference addressed a highly relevant topic that recurs in my practice. The subject matter was very timely and informative.
Saleem Moghal
Paul Hastings Janofsky & Walker
The speakers were knowledgeable and presented useful information.
Karen Shaffer-Levy
Reed Elsevier
The presentation and handouts were very informative. And it allowed me to attend a CLE without leaving the office.
Bill Pemerton
Horton Maddox & Anderson
I liked the different speaker perspectives.
Gina Fama
Standard Chartered Bank
The presentations provided great insight.
Josh WInslow
Pabian & Russell
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