Obviousness Standard for Patents
Approaches to Withstand USPTO Obviousness Rejections and Attacks on Patent Validity
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, January 31, 2012
Recorded event now available
This CLE webinar will provide patent counsel guidance on the changes brought by the America Invents Act, a review of the USPTO's post-KSR guidelines and how the courts and USPTO are applying the obviousness standard. The panel will outline best practices to avoid obviousness rejections and defend patent validity.
Description
Analyzing patent obviousness hinges on the America Invents Act (AIA), the Supreme Court’s KSR v. Teleflex decision and the USPTO guideline updates. Under AIA, obviousness is measured at the time the patent application is filed instead of when the claimed invention was conceived or reduced to practice.
As the obviousness standard evolves, how the courts and the USPTO Board of Appeals are applying the standard since the KSR decision and under the USPTO guidelines and the AIA offers patent counsel insights in defending patent validity.
The lessons from these rulings can also guide patent counsel 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 and the many recent changes that impact it, 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 for patents
- America Invents Act
- KSR v. Teleflex
- Application of Graham v. John Deere factors
- Updated 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 will patent reform and the AIA impact the application of the obviousness standard?
- Under what circumstances has the obvious-to-try standard 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
Paul Davis,
Partner
Goodwin Procter, Menlo Park, Calif.
He has a strong patent background in the medical device, electrical engineering, photonics, networking, e-commerce and telecommunication industries, focusing primarily on U.S., international and national phase patent prosecution and strategic counseling services. He has significant experience in litigating intellectual property issues for information technology companies.
Scott J. Szala,
Partner
Winston & Strawn, Chicago
He concentrates on complex civil litigation (commercial, tort, patents, and contracts), white-collar criminal defense, and sports law. He has litigated and/or tried a variety of civil and criminal cases, and has represented numerous corporate officers and directors in these cases.
Thomas L. Irving,
Partner
Finnegan Henderson Farabow Garrett & Dunner, Washington, D.C.
He has 35 years of experience in the field IP law. His practice includes due diligence, patent prosecution, reissue and reexamination, patent interferences, and counseling, including prelitigation, Orange Book listings of patents covering FDA-approved drugs, and infringement and validity analysis in the chemical fields, as well as litigation. He has served lead counsel in many patent interferences.
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*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*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, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, 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.
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
CLE on Live Webinar
Continuing Legal Education credit processing is available for an additional fee per person per state in states where webinars and teleconferences are accredited. (AL, DE, ME, OK and VA attorneys, please call 1-800-926-7926 ext. 10 for special instructions.)
This webinar is eligible for at least 1.5 general CLE credits, depending on state rules.
You may register for CLE credit processing before or after a program (application deadlines vary by state). Exception: PA and KS attorneys must pre-register for CLE (please call 1-800-926-7926 ext. 10).
CLE credits are not available for IN, OH, and PR or for NY attorneys admitted within the last 2 years.
CLE Processing $65.00
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
Program Materials
Requires Adobe Reader 8 or later. Download Acrobat FREE.
Program Materials
Requires Adobe Reader 8 or later. Download Acrobat FREE.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
I liked everything about the teleconference - knowledgeable speakers, well presented, timely topic. I was very impressed.
James A. Tramonte
Miller Martin
Very informative — one of the best run programs in a plethora of on-line offerings.
Jeff Michelman
Stinson Morrison Hecker
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
The speakers were well versed and kept my attention throughout the program.
Natalie Kossak
Independent Fiduciary Services
Very well-organized.
Kerin Coughlin
Constantine Cannon
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
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.