May 23, 2012
Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, “Inequitable Conduct After Therasense: Materiality and the Intent to Deceive in Aventis Pharma S.A. v. Hospira, Inc.,” presented by Alison Aubry Richards. The webinar will take place on Wednesday, May 23, 2012, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.
On April 9, 2012, for the first time after the Therasense decision, the Federal Circuit affirmed a finding of inequitable conduct in Aventis, signifying that inequitable conduct based on failure to cite prior art to the U.S. Patent and Trademark Office is still a viable patent infringement defense.
Inequitable conduct has long required both intent to deceive and materiality. Prior to the May 2011 decision in Therasense, the Federal Circuit had generally applied a low standard for intent and a broad view of materiality. The Federal Circuit’s decision in Therasense changed these standards for inequitable conduct, making it far more difficult to prove. First, the Federal Circuit required specific knowing and deliberate intent to deceive. Second, Therasense raised the materiality standard, requiring “but-for” materiality. In Aventis, the Federal Circuit affirmed a finding of inequitable conduct for the first time since Therasense.
This webinar will address these topics and more:
- How to defend against an inequitable conduct defense;
- How to maximize the chances of a successful inequitable conduct defense; and
- How to avoid inequitable conduct as a prosecuting attorney, before and during litigation.
Our speaker will be Fitch Even partner Alison Aubry Richards. Alison is a trial attorney in the firm’s litigation group and focuses her practice on patent and copyright litigation. She graduated from Harvard Law School in 2003.
IP Alert | Federal Circuit Issues Significant Decision on Patent MarkingFebruary 21, 2020
The Federal Circuit, in Arctic Cat v. Bombardier Recreational Products, broadens patent marking defense for accused infringers. Read more
IP Alert | Settlement Agreement Held to Moot Pending Case-Dispositive MotionsFebruary 19, 2020
On February 13, in Serta Simmons Bedding, LLC v. Casper Sleep Inc., the Federal Circuit held that a settlement agreement rendered the case moot, even where the agreement required future performance. Read more