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Therasense and the State of Inequitable Conduct Jurisprudence

Recorded on: Apr. 9, 2012
Running Time: 01:06:14

Full Transcript:



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Taken from the Web Program Developments in Pharmaceutical and Biotech Patent Law 2012 recorded April, 2012 in New York.

Lecture Topics  [01:06:14]

Therasense and the State of Inequitable Conduct Jurisprudence  [01:06:14]

The Federal Circuit, in Therasense, Inc. v. Becton, Dickinson and Co., dramatically overhauled the test for establishing inequitable conduct by tightening the requirements for proving both materiality and intent. If this decision stands, the weight of prior inequitable conduct precedent must be re-evaluated. This segment will include the following:

  • A thorough discussion of Therasense and its immediate implications
  • An evaluation of past landmark decisions in the law of inequitable conduct in view of Therasense
  • A review of how district courts and the patent office are dealing with inequitable conduct in the post-Therasense world and how Therasense may in particular impact pharmaceutical and biotech patents
The purchase price of this segment includes the following article from the Course Handbook available online:
  • Therasense and the State of Inequitable Conduct Jurisprudence
    Janet B. Linn, Janet T. Munn
  • Opinion, Therasense, Inc., et al., v. Becton, Dickinson and Company, et al., 2008-1511, -1512, -1513, -1514, -1595, (RRR, FED. CIR., May 25, 2011)
    Janet B. Linn, Janet T. Munn

Presentation Material

  • Therasense and the State of Inequitable Conduct Jurisprudence
    Janet B. Linn,Janet T. Munn
  • Therasense and the State of Inequitable Conduct Jurisprudence
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