WMJ attorney David Applegate Submits Amicus Brief for IP Industry Group

Posted: 10/10/2017 | Share This Post

WMJ intellectual property litigator David Applegate, along with his co-author Ed Manzo of Husch Blackwell submitted an amicus curiae brief for the Intellectual Property Association of Chicago (IPLAC) in the case of Regeneron Pharmaceuticals, Inc. v. Mervus N.V. in the Court of Appeals for the Federal Circuit. 

The issue is whether patent prosecution attorneys may be found liable for inequitable conduct based on the separate actions of the litigation counsel down the road, on which IPLAC has urged the Federal Circuit to rehear the case en banc.

 “The prosecuting attorney typically has little, if any, control over these subsequent actions, which are certainly not foreseeable during prosecution,” the IP Law Association of Chicago wrote. “Nor is there any palpable, rational connection between (i) litigation counsel’s actions before a federal court and (ii) the specific intent of the patent prosecution attorney before the PTO.”

David's brief was singled out and quoted recently in an article by Law 360. See https://www.law360.com/articles/969878/ip-attys-back-regeneron-over-inequitable-conduct-finding for the full story.