Inequitable Conduct: A Refresher and Update

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Since the 2011 en banc Federal Circuit decision in Therasense ushered in the “but-for” materiality standard, inequitable conduct cases have been much rarer than they once were. But some industry observers caution that eagerness to obtain a patent could cause patent practitioners to become too complacent and willing to push their luck. 

A Federal Circuit decision this spring raises the stakes of such risk-taking. Some experts critical of the GS CleanTech decision argue that the Federal Circuit applied the wrong standard of review to district court inequitable conduct findings, which should be reviewed for clear error rather than abuse of discretion. This might open the door to allowing district courts to make clear erroneous factual findings and legal conclusions but be affirmed on appeal so long as they do not abuse their discretion. 

This webinar offers a review of the USPTO rules regarding inequitable conduct by the Director of the Office of Enrollment and Discipline; a discussion of important decisions regarding inequitable conduct since Therasense including Regeneron, Gilead and GS CleanTech; and a discussion by the co-founder of an IP law firm of the conflicting pressures patent prosecutors face from the USPTO and clients. 

William Covey

United States Patent and Trademark Office

is the USPTO’s Deputy General Counsel and Director of its Office of Enrollment and Discipline. OED investigates complaints of unethical conduct made against individuals practicing patent or trademark law before the Office. Will has held a number of key positions at the USPTO including Acting General Counsel and Deputy General Counsel for the Office of General Law.  

David Hricik

Mercer University School of Law

is a professor at the Mercer University School of Law, where he teaches legal ethics, patent law and litigation, federal civil procedure, and other courses. As a solo practitioner, he represents attorneys before the Office of Enrollment and Discipline, consults with firms about ethical issues in patent practice, and serves as an expert witness. In 2012-13, David served as law clerk to Chief Judge Randall R. Rader at the Federal Circuit. He has authored the only treatise on ethical issues in patent litigation, and co-authored the only treatise on ethical issues in patent prosecution.

Warren Woessner

Schwegman Lundberg & Woessner, P.A.

is a founding partner of IP firm Schwegman Lundberg & Woessner. Warren, who holds a Ph.D. in organic chemistry, works on solutions for complex prosecution problems in biotech and pharma. He is the author of the Patents4Life blog and has spoken widely on the topic of inequitable conduct.  

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Inequitable Conduct: A Refresher and Update
04/23/2020 at 2:00 PM (EDT)   |  60 minutes
04/23/2020 at 2:00 PM (EDT)   |  60 minutes
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Up to 1.00 CLE credits available  |  Certificate available Arizona has approved this course for 1 hour of CLE credit. Only registered attendees that viewed the course are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
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Up to 1.00 CLE credits available  |  Certificate available California has approved this course for 1 hour of CLE. Only registered attendees that viewed the course are eligible to claim credit. To claim your credit, select "Claim credit" then View/Print Certificate" for your records.
CO Certificate of Attendance
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Up to 1.00 CLE credits available  |  Certificate available This course was approved in Virginia, a CO approved jurisdiction, for 1 hour of CLE ethics credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select “claim credits” and then “view/print your certificate” for your records.
DE Certificate of Attendance
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Up to 1.00 CLE credits available  |  Certificate available Delaware has approved this course for 1 hour of CLE ethics credit. Only registered attendees that viewed the course are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
ID Certificate of Attendance
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Up to 1.00 CLE credits available  |  Certificate available Idaho has approved this course for 1 hour of CLE ethics credit. Only registered attendees that viewed this course are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
IL Certificate of Attendance
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Up to 1.00 CLE credits available  |  Certificate available Illinois has approved this webinar for 1 hour of CLE credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select “claim credits” and then “view/print your certificate” for your records.
IN Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Indiana has approved this course for 1 hour of CLE ethics credit. Only registered attendees that viewed the course are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
MN Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Minnesota has approved this course for 1 hour of CLE ethics credit. Only registered attendees that viewed the course are eligible to claim CLE credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
MO Certificate of Attendance
Up to 1.20 CLE credits available  |  Certificate available
Up to 1.20 CLE credits available  |  Certificate available Missouri has approved this course for 1.2 hours of CLE ethics credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
NC Certificate of Attendance
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Up to 1.00 CLE credits available  |  Certificate available North Carolina has approved this course for 1 hour of CLE ethics credit. Only registered attendees that viewed the course are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
NJ Certificate of Attendance
Up to 1.20 CLE credits available  |  Certificate available
Up to 1.20 CLE credits available  |  Certificate available New Jersey has approved this webinar for 1 hour of CLE ethics credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select "Claim Credits" and then "View/Print your Certificate" for your records.
NY Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available This course was approved in Indiana, a NY approved jurisdiction, for 1 hour of CLE ethics credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select “claim credits” and then “view/print your certificate” for your records.
PA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Pennsylvania has approved this course for 1 hour of CLE ethics credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
VA Certificate of Attendance
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Up to 1.00 CLE credits available  |  Certificate available Virginia has approved this webinar for 1 hour of CLE credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select “claim credits” and then “view/print your certificate” for your records.
WI Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Wisconsin has approved this course for 1 hour of CLE credit. Only registered attendees that viewed this course are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
Inequitable Conduct: A Refresher and Update (RECORDING)
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Open to view video.