April 24, 2014
Webinar
Intellectual property lawyers need to keep current with the growing body of case law from the Federal Circuit. The Court’s decisions can affect a company’s IP portfolio strategy on many levels in significant, and sometimes subtle, ways. Some decisions have particular importance and deserve a closer look.
Please join our panelists as they discuss decisions related to inequitable conduct and the duty of candor before the U.S. Patent and Trademark Office (PTO) and its Patent Trial and Appeal Board (PTAB), including considerations for fulfilling the duty of candor in light of the America Invents Act’s (AIA) new post-grant proceedings and concurrent adjudication before the PTAB and in district court:
Ohio Willow Wood v. Alps South (2013)
The Court held that factual issues existed regarding whether Ohio Willow Wood’s counsel withheld material information and made material misrepresentations with intent to deceive during an appeal to the PTAB in a reexamination proceeding in light of discovery information in a parallel district court litigation.
Wireless v. HTC (2013)
The Court held that Intellect Wireless’s counsel had failed to cure false statements regarding an actual reduction to practice of the invention made by the inventor during prosecution before the PTO.
Network Signatures v. State Farm (2013)
In a split decision, the Court held that the use of a standard PTO form claiming unintentional delay in filing maintenance fees, without disclosing that the delay occurred pursuant to a policy of intentionally abandoning non-commercially viable inventions, did not establish withholding material information with intent to deceive.
Judge Clevenger dissented, arguing that materiality was established by the attorney’s use of the FDA form statement of unintentional delay without disclosure of the underlying facts and that the question of intent should go to trial.
Michele C. Bosch
Michael J. Flibbert
Thursday, April 24, 2014
1:00 - 2:00 p.m. EDT
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Workshop
Life Sciences Workshop: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law
May 2, 2024
Cambridge
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.