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

April 27, 2022 4:30pm

Mary J. Morry
Counsel, IP Litigation
Office of the General Counsel

Merck Sharp & Dohme Corp.

Chris Borello
Venable LLP

Mark E. Waddell
Loeb & Loeb LLP

David G. Conlin
McCarter & English, LLP

Moderated by:

Vishal C. Gupta
Steptoe & Johnson LLP

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