Recent developments in the doctrine of inequitable conduct before the US Patent Office

Dr. Mammen is a Law Professor at the University of California Hastings College of the Law, San Francisco, CA, and an Intellectual Property litigator with over 14 years of experience. He acted as attorney on two amici curiae briefs concerning the en banc review by the US Court of Appeals for the Federal Circuit in Therasense v. Becton Dickinson.

He will talk about the recent developments in the US doctrine of inequitable conduct with a particular focus in the US Federal Circuit en banc decision in Therasense v. Becton Dickinson (May 25, 2011), whereby the court ruled on the necessary elements to establish a defense based on inequitable conduct. This case concerns the non-disclosure to the US Patent and Trademark Office of contradictory statements made to the European Patent Office, and the appropriate framework to be used when assessing whether that constituted inequitable conduct which can render the patent unenforceable. Dr. Mammen will explain the majority and dissenting opinions in the Therasense decision, and will offer suggestions as to the likely impact on patent litigation in the U.S.

For any further information on this event please contact Valéria Silva (valeria.silva@politics.ox.ac.uk).