Asserting and Defending Inequitable Conduct Challenges After the Landmark Therasense Decision

A live 90-minute CLE webinar/teleconference with interactive Q&A
Sponsored by the Legal Publishing Group of Strafford Publications
Tuesday July 26, 2011 ~ 1:00pm-2:30pm EDT
Price: $297

Please note: You will be taken to the Strafford website to complete your order.

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.

Description

The Federal Circuit recently issued its long-awaited ruling in Therasense v. Becton Dickinson, significantly altering the inequitable conduct landscape. The decision changes a standard that, according to the court, had needlessly increased the complexity of patent litigation and hindered Patent Office exams.

Asserting an inequitable conduct defense has become a common tactic in patent litigation. The Federal Circuit has now raised the bar for proving inequitable conduct, tightening the standards for materiality and intent. The decision rejected the Patent Office’s Rule 56 as a standard despite a strong dissent.

Counsel for patent holders and those challenging patents must understand the Therasense decision, how it changes the inequitable conduct standard and the impact of that change on patent litigation, as well as patent prosecution.

Listen as our authoritative panel of patent attorneys examines the Federal Circuit’s Therasense decision, how it changes the inequitable conduct standard, and how courts will apply the new standard, how the Patent Office has responded to the decision, and offers best practices for operating under the new standard.

Outline

1. Therasense Inc. v. Becton Dickinson & Co.
   • The majority decision
   • The dissent
2. The new inequitable conduct standard
   • “But for” test for materiality
   • Specific intent to deceive is test for intent
   • Exception
3. Court treatment and PTO response
4. Best practices under the new standard
   • Patent prosecution
   • Asserting a charge of inequitable conduct
   • Defending against a charge of inequitable conduct

Benefits

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.

Faculty

James J. Foster, Shareholder
Wolf Greenfield & Sacks, Boston
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.

David P. Enzminger, Partner
Winston & Strawn, Los Angeles
He focuses his practice in technology litigation, emphasizing patent, trade secret, trademark, and antitrust matters.

Dr. Sandra P. Thompson, Shareholder
Buchalter Nemer, Irvine, Calif.
She 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.

Register Today!
Price covers an unlimited number of staff at your office location. Can’t participate in the live seminar? A CD of the full event proceedings, including Q&A and PDF files of all handouts, will be available 10 days after the seminar.

Continuing Legal Education
Continuing Legal Education credits are granted for an additional $65 per person. Please refer to the options on the order page to take advantage of these credits.

Please note: You will be taken to the
Strafford website to complete your order.