JD Supra

USPTO Underscores Duty of Disclosure Pertaining To FDA Submissions

The USPTO has issued a Federal Register Notice discussing how the duty of candor and good faith in dealing with the USPTO applies to “information and statements material to patentability … received ...
JD Supra

Duties of Disclosure and Reasonable Inquiry Before the USPTO May Include Communications with the FDA and Other Government Agencies

Spurred by President Biden's call for action to increase drug competition and a 2021 letter addressed to the U.S. Patent and Trademark Office (USPTO) by Senators Leahy and Tillis requesting the USPTO ...
Law

Court of Chancery Clarifies the Scope of Disclosure Liability in Novel Contexts

Under Delaware law, corporate fiduciaries owe an affirmative duty of disclosure when seeking stockholder action—including, for example, presenting a matter for stockholder approval or proposing a ...
Law

The Duty of Disclosure of Company Directors in M&A Transactions

Several recent Delaware cases have highlighted the disclosure duties of directors in merger and aquisition transactions. The rulings should be carefully considered in drafting proxy or other ...
IPWatchdog

Vidal Takes Next Step on Senators’ Call to Curb Inconsistencies in USPTO/FDA Statements

“Providing material information to other Government agencies, including the FDA, while simultaneously withholding the same information from the USPTO undermines both the intent and spirit of the duty ...