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American Conference Institute Paragraph IV Disputes Conference

Loeb & Loeb LLP is proud to sponsor the American Conference Institute's (ACI) 6th Annual Paragraph IV Disputes Conference, where partner Warren K. MacRae will be moderating a panel titled "New Standards in Inequitable Conduct Post-Therasense: Ethical Considerations for Paragraph IV Cases."

From the conference website:

American Conference Institute’s 6th Annual Paragraph IV Disputes conference is the undisputed source for Hatch-Waxman litigation strategies for brand-names and generics. This event — which is widely recognized for setting the standards for Paragraph IV litigation and which also serves as the annual meeting place for the “who’s who” of pharmaceutical patent litigation — is now the single forum on which brand name and generic companies can rely for answers during this turbulent time in which the balance of power designed by the Hatch-Waxman Act may completely unravel. Come to this conference and get the up-to-the minute information that you need to prepare for the new litigation confrontations to come.

Selected Agenda
Wednesday, April 25, 2012
1:15PM - 2:15PM
- New Standards in Inequitable Conduct Post-Therasense: Ethical Considerations for Paragraph IV Cases

  • Examining the Federal Circuit’s tightening of the of the inequitable conduct standard in Therasense
    • intent to deceive
    • single most reasonable inference
    • materiality
    • ‘but’ for test
    • possible Supreme Court review?
  • Exploring the application of Therasense in a Paragraph IV scenario
    • Pfizer v. Teva
    • awarding sanctions for asserting unsubstantiated claims of inequitable conduct
    • repercussions of this ruling and its impact for future inequitable conduct filings
  • Re-examining the relationship between inequitable conduct and corporate fraud
    • future question of corporate intent in a Hatch-Waxman setting
  • Inequitable conduct and Patent Reform
    • supplemental proceedings under the AIA: an opportunity to cure inequitable conduct?

Warren K. McRae, Loeb & Loeb LLP

Matthew P. Blischak, Sunovion Pharmaceuticals Inc.
Vincent L. Capuano, Duane Morris LLP
Stephen J. Moore, Kelley Drye & Warren LLP
Bruce M. Wexler, Paul Hastings LLP