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Patent Litigation and Inequitable Conduct Defenses

September 1, 2009

Sutherland Partner John L. North is speaking on a Webinar, "Patent Litigation and Inequitable Conduct Defenses:  Asserting and Defending Inequitable Conduct Challenges Amid Inconsistent Federal Circuit Standards," September 1, 2009, at 1:00 p.m. ET.  This seminar will explain the impact that recent case law, budget crises affecting prosecutors, and pending federal legislation is having on the use of the inequitable conduct defense.  John is part of a panel of patent litigators that will provide best practices for arguing for and against the inequitable conduct defense in patent litigation.

Inequitable conduct is often raised as an affirmative defense in patent infringement litigation.  It is a highly contentious defense because a court’s finding of inequitable conduct on the part of a patent holder could result in a patent being declared unenforceable.  The standard for proving inequitable conduct is high, requiring clear and convincing evidence of a patent applicant’s failure to disclose material prior acts and intent to deceive the Patent and Trademark Office; however, the Federal Circuit has applied the standard inconsistently over the years. 

Following the speaker presentations, attendees will have an opportunity to get answers to specific questions during an interactive Q&A session. 

For more information and to register for this event, click here.

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