The New Inequitable Conduct Standard in Patent Litigation
Asserting and Defending Inequitable Conduct Challenges After the Landmark Therasense Decision
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide guidance to counsel for patent holders and challengers on the Federal Circuit's landmark en banc decision in Therasense v. Becton Dickinson, the new standard for inequitable conduct and its impact. The panel will offer best practices for operating under the new standard.
- Therasense Inc. v. Becton Dickinson & Co.
- The majority decision
- The dissent
- The new inequitable conduct standard
- “But for” test for materiality
- Specific intent to deceive is test for intent
- Court treatment and PTO response
- Best practices under the new standard
- Patent prosecution
- Asserting a charge of inequitable conduct
- Defending against a charge of inequitable conduct
The panel will review these and other key questions:
- How does Therasense change the legal standard for materiality?
- What exception to the new standard did the court create?
- What will be the practical effect on patent litigation?
- What impact will the new standard have on patent prosecution?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
James J. Foster
Wolf Greenfield & Sacks
He is an experienced patent trial attorney with 35 years of trial practice. He specializes in patent, trademark,... | Read More
He is an experienced patent trial attorney with 35 years of trial practice. He specializes in patent, trademark, copyright, and trade secret litigation. He has extensive patent jury experience and has acted as lead counsel in patent jury trials in several jurisdictions.Close
David P. Enzminger
Winston & Strawn
He focuses his practice in technology litigation, emphasizing patent, trade secret, trademark, and antitrust matters.| Read More
He focuses his practice in technology litigation, emphasizing patent, trade secret, trademark, and antitrust matters.Close
Dr. Sandra P. Thompson
Dr. Thompson represents clients with respect to intellectual property issues and green technology/energy-related... | Read More
Dr. Thompson represents clients with respect to intellectual property issues and green technology/energy-related issues. She represents clients in the fields of semiconductors, electronics, chemicals and chemical intermediates, solar and solar-related technology, transportation technology, including the design and utility of parts and systems, and fuel cells. She co-chairs the firm's IP Group.Close