The Ethical Practice of Paragraph IV Litigation: New Developments Impacting Professional Responsibility in the Hatch-Waxman Arena

November 10, 2021 4:15pm

Jonathan D.J. Loeb Ph.D.
Dechert LLP

Honorable Teresa Rea
Crowell & Moring LLP
Former Acting Under Secretary of Commerce for Intellectual Property and Former Acting Director of the United States Patent and Trademark Office

Mary J. Morry
Merck Sharp & Dohme Corp.

This interactive skills session will identify common ethical dilemmas in Hatch-Waxman litigation and help you incorporate practices to avoid them.

Points of discussion will include:

  • Drafting conflicts of interest waivers, whether actual or potential
  • Identifying hidden dangers in joint defense arrangements
    • What happens if the clients do not agree or a dispute between them arises?
      • Do all parties have to seek new counsel?
  • Analyzing the requirements for pleadings, whether in the complaint, the answer, or the counterclaim Interpreting Rule 11 and other standards