Obviousness-Type Double Patenting, PTA, and PTEs: Defeating ODP Rejections, Avoiding Terminal Disclaimers, Impact of In re Cellect
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide IP counsel in understanding double patenting. The panel will analyze the In re Cellect decision and other court treatment, offer best practices to defeat double patenting rejections and avoid terminal disclaimers, and provide specific language to consider if a terminal disclaimer must be filed.
Outline
- In re Cellect and recent court treatment
- Implications of the recent decisions on ODP practice
- Best practices
- Defeating ODP rejections
- Avoiding terminal disclaimers
Benefits
The panel will review these and other key issues:
- What is the scope of double patenting? How do recent Federal Circuit decisions impact the scope?
- What are the steps to defeat double patenting rejections?
- What are best practices to avoid terminal disclaimers?
- How can practitioners craft terminal disclaimers with an eye toward patent litigation?
- What are specific best steps to avoid the untoward result in Cellect?
Faculty
Thomas L. Irving
Partner
The Marbury Law Group
Mr. Irving has 47 years of experience in the field of IP law. His practice includes due diligence, patent prosecution,... | Read More
Mr. Irving has 47 years of experience in the field of 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 as lead counsel in many patent interferences.
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James T. Masters, Ph.D.
Attorney
Finnegan Henderson Farabow Garrett & Dunner
Dr. Masters focuses on patent prosecution, opinions and counseling, patent mapping, and patent litigation in the... | Read More
Dr. Masters focuses on patent prosecution, opinions and counseling, patent mapping, and patent litigation in the biotechnology, chemical, pharmaceutical, and medical device fields.
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Michelle E. O'Brien
Partner
The Marbury Law Group
Ms. O’Brien has more than 20 years of experience representing domestic and foreign clients of all sizes in... | Read More
Ms. O’Brien has more than 20 years of experience representing domestic and foreign clients of all sizes in patent procurement, litigation, and client counseling, with a particular emphasis on chemical, biochemical, and pharmaceutical technologies. Exemplary areas of her technical expertise include polymer chemistry; ceramics; glass; food chemistry; cosmetics; paper products; adhesives; and pharmaceutical products, including new chemical entities and formulations and novel solid forms, including polymorphs, cocrystals, and amorphous forms of compounds.
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