2018 IP Academy Series: Unenforceability of Patent due to Inequitable Conduct

On December 26, 2017, the Federal Circuit denied Regeneron Pharmaceuticals, Inc.’s petition for panel rehearing and rehearing en banc of a previous decision upholding a district court’s holding of unenforceability due to inequitable conduct. Regeneron Pharms., Inc. v. Merus N.V., No. 2016-1346 (Fed. Cir. Dec. 26, 2017). Of concern to many patent prosecutors, the district court imposed an adverse inference of specific intent to deceive the US Patent Office from litigation misconduct.

Join us for a discussion about the unenforceability of a US patent due to inequitable conduct and the best practices under duty of disclosure.

Topics will include:

• Review of inequitable conduct and duty of disclosure
• Recent cases regarding inequitable conduct
• Best practices under duty of disclosure during prosecution

For more information, please contact Tara Graves at tara.graves@morganlewis.com.