Obviousness Standard for Patents Post-KSR
Strategies to Withstand USPTO Obviousness Rejections and Attacks on Patent Validity
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, April 14, 2010
Recorded event now available
This CLE webinar will review how the obviousness standard has been applied by the court and the USPTO since the Supreme Court's decision in KSR v. Teleflex. The panel will outline best practices for patent counsel to avoid obviousness rejections and defend against attacks on patent validity.
Description
The Supreme Court’s 2007 decision in KSR v. Teleflex established a new standard for obviousness. The Court criticized the Federal Circuit’s teaching-suggestion-motivation (TSM) test and focused on criteria for examining patentability.
The Court changed the framework for evaluating obviousness but left unanswered questions. Much insight can be gained from how the courts and the USPTO Board of Appeals have applied the obviousness standard since KSR.
Companies and counsel must understand how KSR is being applied and the steps to take and to avoid when preparing and prosecuting patents to withstand obviousness rejections and attacks on validity.
Listen as our authoritative panel of patent attorneys examines the obviousness standard, how the courts and the USPTO have applied KSR, outlines steps that companies and counsel should take to withstand obviousness rejections, and offers best practices for defending against obviousness attacks in litigation.
Outline
- Obviousness standard
- KSR v. Teleflex
- Application of Graham v. John Deere factors
- USPTO examiner guidelines
- Treatment post-KSR
- In the courts
- In the USPTO
- Patent prosecution post-KSR
- Responding to rejections
- Responding to attacks on validity
Benefits
The panel will review these and other key questions:
- How have the Graham v. John Deere factors been applied following the KSR decision?
- Under what circumstances has the obvious-to-try standard work supported a finding of obviousness—and when has it worked to nullify such a finding?
- What are the steps that patent applicants can take to stand up to obviousness rejections?
Faculty
Ronald E. Cahill,
Partner
Nutter McClennen & Fish, Boston
He manages the firm's Intellectual Property Group. He concentrates his practice in patent portfolio development, patent litigation, and related counseling. He also takes lead roles in patent infringement and patent validity opinions, re-examination and re-issue proceedings, patent interferences, corporate IP due diligence undertakings, and advising clients in foreign patent opposition proceedings.
Karen Canaan,
Attorney
CanaanLaw, Menlo Park, Calif.
She prepares and prosecutes patent applications for clients in the biotechnology, chemical, pharmaceutical, and medical arts industries. She advises on strategies for developing international patent portfolios, counsels on third party patent positions, and assists in obtaining licensing agreements. has experience preparing patent legal opinions, including invalidity and non-infringement opinions.
Kevin J. Meek,
Partner
Baker Botts, Austin, Texas
He has broad experience in patent litigation, prosecution and licensing and trademark and copyright prosecution and enforcement. He handles a variety of corporate transactions centering on technology transfers and intellectual property rights. He prepares and prosecutes patent applications covering a broad. He is the firm wide deputy department head for the firm's intellectual property department.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
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(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, GA, HI, MO, MT, NY, OR, TX, UT, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, ID, KY, ME, ND, NE, NH, NM, NV, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
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Available three business days after the live event
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plus $9.45 S&H
Available ten business days after the live event
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Available 24 hours after the live event
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plus $9.45 S&H
Available ten business days after the live event
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Customer Reviews
Very well-organized.
Kerin Coughlin
Constantine Cannon
Content was excellent.
Jonelle Burnham
Kimberly-Clark
Speakers were knowledgeable enough to talk about the subject matter in an easily digestible manner.
Daniel M. Cleary
Gotham Insurance/New York Marine & General Insurance
Cutting edge information from people who are in the field.
John McGowan
Donahue Tucker & Ciandella
The speakers were knowledgeable and presented useful information.
Karen Shaffer-Levy
Reed Elsevier
Intellectual Property Law Advisory Board
Shareholder
Winthrop & Weinstine
Partner
Fulbright & Jaworski
Partner
Winston & Strawn
Partner
Antonelli Terry Stout & Kraus
Partner
Stroock & Stroock & Lavan
Partner
Mayer Brown
Partner
Duane Morris
Partner
Reed Smith
Partner
Gibson Dunn & Crutcher
Partner
Holland + Knight
Partner
McDermott Will & Emery
Partner
Orrick
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