ETHICS and Medical Devices IP: Inequitable Conduct and New PTO Ethical Rules

March 5, 2015 4:30pm

Trevor Copeland
Brinks Gilson & Lione

Bradford J. “Jim” Badke
Ropes & Gray LLP

  • USPTO spotlight: What are OED’s expectations of attorneys in this space?
  • Understanding when to raise the inequitable conduct defense under the continually evolving Therasense standard
    • Rule 36 affi rmations of inequitable conduct cases
    • Update on recent relevant inequitable conduct cases
    • Complying with the USPTO duty of disclosure: what to submit and how much?
  • Analysis of the PTO’s 2013 ethical Rules of Professional Conduct
    • Overview of key provisions including confl icts, sanctions and experts affecting life sciences practitioners
    • How do these work with the ABA model rules and state bar rules?
  • Avoiding ethical quagmires in the IPR/PGR space for life sciences companies
    • What conflicts of interest rules apply with parallel litigation: USPTO or District Court?
    • Duty of candor and good faith owed by petitioner challenging the patent
    • Avoiding putting forth information inconsistent with a position
    • Applying traditional conflicts analysis and principals when agreeing to work for a client: Are ABA comments to the model rules instructional?