Design Patents and IPR: Challenging and Defending Validity at the PTAB
Navigating Prior Art and Obviousness Analyses, Leveraging IPR for Design Patents
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to patent counsel on navigating the inter partes review (IPR) process for challenging design patents. The panel will provide insight into the issues the PTAB considers essential when determining whether to institute IPRs of design patents. The panel will also discuss the prior art and obviousness analyses.
- Advantages and limitations of IPR for design patents
- Issues the PTAB considers critical when determining whether to institute IPRs of design patents
- Prior art analysis
- Obviousness analysis
- Guidance for navigating the IPR process
The panel will review these and other key issues:
- What are the advantages of IPR for design patents? What are the limitations?
- What challenges arise in AIA proceedings as a result of the unique characteristics of design patents? What steps can counsel take to overcome these challenges?
- What is the test to determine obviousness for design patents in AIA proceedings?
Elizabeth D. Ferrill
Finnegan Henderson Farabow Garrett & Dunner
Ms. Ferrill focuses her practice on all aspects of design patents, including prosecution, counseling, and litigation.... | Read More
Ms. Ferrill focuses her practice on all aspects of design patents, including prosecution, counseling, and litigation. She also has extensive experience in utility patent litigation in the areas of software- and hardware-related technologies. She counsels clients who hold design patents as well as those accused of infringement. She has experience with consumer and industrial products, graphical user interfaces and icons. She has prosecuted families of design patents before the USPTO, directed prosecution in foreign countries, and argued appeals before the PTAB.Close
Mark W. Rygiel
Sterne Kessler Goldstein & Fox
Mr. Rygiel specializes in obtaining utility and design patent protection for cutting edge technologies in the consumer... | Read More
Mr. Rygiel specializes in obtaining utility and design patent protection for cutting edge technologies in the consumer product, vehicle system, medical device, manufacturing, and e-commerce industries. His practice also focuses on complex post-grant proceedings at the USPTO, analyzing patents for validity, infringement, and freedom-to-operate issues and providing related opinions of counsel, and counseling on IP due diligence in connection with portfolio acquisitions.Close