Advanced Issues for Patent Claim Construction: Leveraging Recent Court Guidance
Navigating New Standard of Review, Interplay With Litigation and Choice of Law, and Continuation Application
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to patent counsel regarding the impact of recent court decisions and the guidance they provide on claim construction. The panel will offer their experiences and practical approaches for addressing claim construction issues.
- Changes resulting from AIA and implications for claim construction
- Changes related to post-grant proceedings
- Prosecution changes
- Best practices in light of recent court guidance
- Perils of new claims in a continuation application regarding choice of law
- Benefits of new claims in a continuation application regarding choice of law in view of transitional applications
- Broadest reasonable claim construction
The panel will review these and other key questions:
- What guidance can be drawn from recent court decisions for claim construction in district court?
- What can practitioners do during drafting and prosecution when facing different claim construction standards before district courts and PTAB?
- What is the impact of claim construction on choice of law?
- Can the choice of law change when a district court judge construes the claim in such a way that the EFD changes?
- What if patent reform efforts pass requiring PTAB to use a district court's claim construction, if one exists?
Thomas L. Irving
Finnegan Henderson Farabow Garrett & Dunner
Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution,... | Read More
Mr. Irving 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.Close
Michael A. Oblon
Mr. Oblon focuses on patent and trade secret litigation, as well as strategic patent counseling and patent portfolio... | Read More
Mr. Oblon focuses on patent and trade secret litigation, as well as strategic patent counseling and patent portfolio management, for domestic and international companies that develop electronics, electromechanical, software and household consumer products. He is the primary IP counsel to several leading companies in these fields. He represents clients before the USPTO, the ITC, and in the federal courts.Close
Lauren L. Stevens, Esq.
Global Patent Group
Ms. Stevens practices strategic client counseling and patent procurement in the pharmaceutical area, including the... | Read More
Ms. Stevens 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.Close