Inequitable Conduct: A Refresher and Update (RECORDING)

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. 

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Inequitable Conduct: A Refresher and Update (RECORDING)
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4 Questions CLE credit will be available for registered attendees only. If you would like CLE credit for this webinar, please complete the following questions. IPO will apply for CLE for all live programs in the majority of the states that require CLE. IPO will not be applying for CLE in the states of Florida, Ohio, South Carolina, West Virginia, or Texas (attorneys in TX may submit up to 5 hours of self-study credit). Once IPO has received approval from the state(s) CLE boards , certificate(s) of attendance will be available for download from your dashboard.
IL Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
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.
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 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
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Up to 1.00 CLE credits available  |  Certificate available This course was approved in Indiana, a NY approved jurisdiction, 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.
VA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Virginia has approved this recording for 1 hour of CLE ethics credit. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select “claim credits” and then “view/print your certificate” for your records.