McKesson highlights the need for those managing patent portfolios to review company procedures regarding Information Disclosure Statements with careful attention to meeting the duty of disclosure to the USPTO across a company's patent portfolio. Areas addressed will include the following: the finding by the McKesson court that both negative and positive decisions made by an examiner in a first application can constitute material information in another of the company's applications; and the indication by the McKesson court that specific written disclosure of an examiner's decision regarding a first application may be required when prosecuting a second application.

Seagate addresses willful patent infringement, setting out a new "objective recklessness" standard, indicating that willfulness claims based on conduct after suit has been filed may require a motion for preliminary injunction, and holding that waiver of attorney-client privilege and work product protection in connection with with reliance on opinions of counsel to defend against allegations of willful infringement does not extend to trial counsel.  The presentation will discuss the implications of Seagate in asserting and responding to allegations of willful patent infringement.