Patent Litigation and Inequitable Conduct Defenses

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

1. Inequitable conduct defense
   1. Definition and history of defense
   2. Common assertions by defendants raising the defense
   3. Recent case law
2. Litigation strategies
3. 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?

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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