Patent Claim Drafting and Construction in 2013
Crafting Claims to Withstand Scrutiny and Avoiding Claim Limitation Attack
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, March 20, 2013
Recorded event now available
This CLE webinar will provide guidance to patent counsel for defining patent claims, examine recent court treatment of claim construction issues, and offer approaches for claim construction and drafting.
Description
Claim construction is the basis for deciding the validity of a plaintiff's claim and whether the defendant infringed the patent. Patent counsel must consider the future construction of claims when drafting them to both support the subject matter of the patent and to remain valid over prior art.
When including prior art references, for example, counsel must confirm that the prior art uses a term in the same way as in the specification. Further, the claim should describe prior art using terms consistent with those used to describe the embodiments.
This seminar will cover key elements of claim construction, including prior art, patent application disclosure, function, specification, claim scope, avoiding patent profanity, recent court treatment, and tips for obtaining and attacking patents.
Listen as our authoritative panel of patent practitioners examines key considerations when defining and drafting claims and how the courts are treating claim construction issues.
Outline
- Claim scope
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Defining claim
- Care in defining terms
- Patent profanity
- Avoiding extraneous claim limitation attack
- Incorporation by reference
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Claim drafting
- Ordinary works
- Functional language
- Key considerations
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Claim construction
- Court treatment
- Extrinsic evidence
Benefits
The panel will review these and other key questions:
- What are the key considerations for counsel in patent drafting?
- What steps can be taken to avoid patent profanity?
- What are the lessons of recent federal circuit decisions on claim construction for patent counsel?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Thomas L. Irving, Partner
Finnegan Henderson Farabow Garrett & Dunner, Washington, D.C.
He has 35 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.
Lauren L. Stevens, Of Counsel
Foley & Lardner, Palo Alto, Calif.
She practices strategic client counseling and patent procurement in the pharmaceutical area, including the preparation of validity, infringement, and freedom-to-operate opinions regarding chemical and pharmaceutical patents. She advises clients on intellectual property matters related to a wide range of technologies.
Colin G. Sandercock, Partner
Perkins Coie, Washington, D.C.
He practices in the areas of patent litigation, procurement, management and enforcement of domestic and foreign patent portfolios, licensing and license disputes, and opinions relating to infringement, validity and freedom to operate. His technical experience includes biotechnologies, analytical diagnostics, pharmaceutical chemistry, organic and inorganic chemistries, and material sciences.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
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.
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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, 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. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
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
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plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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CLE Credit
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Customer Reviews
The speaker was excellent at summarizing patent law topics - and presenting them in an understandable way that translates easily into real work scenarios.
Leah Robinson
NewMarket Services - Law Dept
Great information and recommendations were provided on claim construction and drafting. The information will be very useful in drafting future applications.
Heather S. Gerard
Promega
I liked the practical insights, particularly when tied to cases the presenters had worked on.
Michael Gray
Kohler
Strafford provided an enthusiastic presentation that focused on patent practice, not theory.
David H. Vance
Vance Intellectual Property
The presentations provided great insight.
Josh WInslow
Pabian & Russell
Intellectual Property Law Advisory Board
Shareholder
Winthrop & Weinstine
Partner
Fulbright & Jaworski
Partner
Winston & Strawn
Partner
Bui Garcia-Zamor
Partner
Stroock & Stroock & Lavan
Partner
Feinberg Day Alberti & Thompson
Partner
Duane Morris
Shareholder
Buchanan Ingersoll & Rooney
Partner
DLA Piper
David Segal
Senior IP Counsel
Intel
Partner
Holland + Knight
Partner
Jones Day
Partner
Orrick
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