The Ethical Ramifications of Therasense

September 27, 2010
Catholic University of America
Washington, D.C.

James J. Kulbaski of Oblon, Spivak will participate in the above seminar in a discussion regarding the ethical ramifications of Therasense, Inc. v. Becton, Dickinson & Co.

The Court of Appeals for the Federal Circuit recently decided that the law governing a finding of inequitable conduct warranted en banc consideration, and on November 9, 2010, the full court will hear Therasense, Inc. v. Becton, Dickinson & Co.

The seminar will focus on the following topics: the use of the inequitable conduct defense at the trial court level, the ethical considerations of the applicant’s duty of disclosure, what materiality means, how intent and materiality factor into the unenforceable determination and whether the standards for materiality and intent in other federal agency contexts or at common law shed light on the appropriate standards to be applied in the patent context.