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Original air date: 6/7/18 Inequitable Conduct After Regeneron
Inequitable conduct during patent prosecution can result in a court’s finding of patent unenforceability. Unlike an invalidity finding, which may leave some claims valid, inequitable conduct surrounding a single claim renders all claims of a patent unenforceable. Under Regeneron v. Merus, a finding of inequitable conduct, retrospectively imposed during litigation and without a showing of deceptive intent before the USPTO, is now a reality. Does this throw out years of precedent? Or are the results of Regeneron specific to the facts of that case? This webinar will show patent prosecutors and litigators alike how to avoid a similar outcome.
Presented by: Presented by: Tom Irving of Finnegan Henderson Farabow Garret & Dunner, LLP; David Hricik of Mercer University School of Law