In Therasense v. Becton, Dickinson, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, will address inequitable conduct before the United States Patent and Trademark Office in the context of failure to disclose information during prosecution, and what must be proven before such conduct can render a patent unenforceable. The body of case law remains unclear with regards to the intent of the party failing to disclose material information, and the level of materiality required before such failure renders the patent unenforceable. The oral argument –and the subsequent decision –will be studied by a broad range of members of the patent community who are seeking to determine its effectson innovation, prosecution, licensing, and litigation and the ethical ramifications of the decision. Catholic University and the FCBA will host a panel of experts to discuss the case shortlyafter the Federal Circuit hears the oral argument.
Partner, Morrison & Foerster
FCBA will seek ethics CLE credit from applicable states for those registrants from within the United States (except OH, PA, IN, SC, & PR).