How not to place your patent at risk: Recent developments in inequitable conduct law, and the duty of disclosure for inventors and patent practitioners

CHAL 54

Peter Munson, pmunson@wsgr.com, Wilson, Sonsini, Goodrich & Rosati PC, 12235 El Camino Real, Suite 200, San Diego, CA 92130
In virtually every patent infringement lawsuit, the accused infringer argues the patent is unenforceable because it was obtained unfairly, or through inequitable conduct. This presentation will explain what actions taken (or not taken) by inventors and practioners may ultimately cause a patent to be unenforceable, with a focus on inventors' and practioners' duty to disclose certain information to the Patent and Trademark Office during the patent application process. The standards used to determine whether inequitable conduct has been committed -- intent of the inventor or practioner and materiality of the reference -- will be reviewed and recent case law on inequitable conduct highlighted.