The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Inequitable Conduct After Regeneron: What Litigators, Patent Prosecutors, and Patent Owners Need to Know" on January 10, 2019 from 2:00 to 3:00 pm (ET). Prof. David Hricik of Mercer University School of Law, Kevin Noonan of McDonnell Boehnen Hulbert & Berghoff LLP, and Rohit Singla, Munger of Tolles & Olson LLP will assess the significant ongoing impact of the 2017 Federal Circuit decision in Regeneron v. Merus, which found a patent unenforceable due to inequitable conduct based partly on the behavior of litigators, on litigation and patent prosecution. The panel will discuss:
• Peerless Industries v. Crimson AV in the Northern District of Illinois (2018), where the court decided "as in Regeneron, plaintiff's litigation misconduct in this case was designed to obfuscate its prosecution omissions and misrepresentations."
• Howmedica Osteonics v. Zimmer in the District of New Jersey (2018), where the court granted the defendant's motion for $13 million in attorney fees and costs in part because of plaintiff's inequitable conduct before the USPTO
• The relationship between materiality under Therasense, the court's claim construction, and the prosecutor's judgment about what is cumulative
• Approaches that may be taken by defendants' experts at trial
• The reinforced imperative for patent owners who are plaintiffs to closely oversee aggressive litigation counsel
The registration fee for the webinar is $135 (government and academic rates are available upon request). Those interested in registering for the webinar can do so here.
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