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In our hypothetical case, an accused patent infringer has asserted that the inventor`s patent is unenforceable because the inventor and his attorney engaged in inequitable conduct when they procured the patent. More specifically, the inventor was inspired by a fictional movie but did not disclose that fact to the Patent and Trademark Office. Watch as counsel debate whether there was a duty to disclose this prior art that arguably was material to patentability. A fascinating case study for the intellectual property litigator.
This course was recorded in March 2011 at PBI`s 5th Annual Intellectual Property Law Institute. Other sessions from the IP Institute are available on PBI`s Online Campus.
Hon. L. Felipe Restrepo, Magistrate Judge, US District Court for the Eastern District of Pennsylvania, Philadelphia
Steven J. Rocci, Esq., Woodcock Washburn LLP, Philadelphia
Frederick A. Tecce, Esq., McShea & Tecce, P.C., Philadelphia