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Duane Morris Litigators Vincent Capuano, Anthony Fitzpatrick and Laura Vogel to Speak at American Conference Institute's Conference on Generic Pharmaceuticals
Date:4/16/2012

onference, as well as anticipated conundrums under the new BPCIA. 

The following day, Anthony Fitzpatrick will moderate a panel on "Prior Art Obviousness and Obvious-Type Double Patenting: Legal Analysis and Practical Applications for Brand Names and Generics." This session will offer both legal analysis and practical applications for understanding obviousness after the Supreme Court's decision in KSR. Panelists will examine the evolving state of the law on obviousness-type double patenting and its impact on Paragraph IV litigation. Discussion topics include possible strategies for invoking and responding to an obviousness challenge, summary judgment assessments, discovery approaches and how to use experts wisely.

Vincent Capuano, Ph.D., presents on the last day of the conference, discussing "New Standards in Inequitable Conduct Post-Therasense: Ethical Considerations for Paragraph IV Cases." This panel will address the possible consequences of the Federal Circuit's tightening of the inequitable conduct standard in Therasense and how the decision may be applied in a Paragraph IV scenario. Discussion will also cover the relationships between inequitable conduct and corporate fraud, and inequitable conduct and patent reform.

Vincent L. Capuano, Ph.D., is the chair of Duane Morris' Hatch-Waxman IP practice group. He focuses on patent law in the chemical and pharmaceutical industries with an emphasis on representing generic pharmaceutical companies filing Abbreviated New Drug Applications (ANDAs) with the U.S. Food and Drug Administration. Capuano has extensive experience representing pharmaceutical companies in pre-litigation strategic planning and patent litigation. He also counsels clients in all areas of patent procurement, exploitation and enforcement, including domestic and foreign patent preparation and procurement; patent validity and infringement analysis; patent licensing; and due diligences.

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