Leveraging the AIA's Expanded Prior Use Defense for Patent Infringement Claims
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will examine the expanded prior commercial use defense, its requirements and limitations. The panel will discuss the strategic considerations for patents issued both before and after Sept. 16, 2011, and offer best practices for using the defense.
Outline
- Prior commercial use defense pre-AIA
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Prior commercial use post-AIA
- How to qualify
- Limitations and exceptions
- Third parties
- Strategic considerations for patents issued before Sept. 16, 2011
- Strategic considerations for patents issued after Sept. 16, 2011
- Best practices
Benefits
The panel will review these and other key questions:
- How does the AIA expand the prior commercial use defense?
- What are the limitations and exceptions to application of the prior user rights defense to patent infringement?
- What are the strategic considerations for counsel in determining whether to use the commercial prior use defense?
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
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.
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Colleen Kramer
Associate General Counsel - Intellectual Property
Mars Global Chocolate
Ms. Kramer provides intellectual property counsel for Mars’ global chocolate business. After working in... | Read More
Ms. Kramer provides intellectual property counsel for Mars’ global chocolate business. After working in the food industry as a product developer for 20 years, she has practiced IP law as in-house counsel for the past 8 years. Her practice includes patent portfolio management, patent prosecution, patent opinions, and trade secret counseling.
CloseAmy J. Hoffman
Intellectual Property Counsel
Ecolab
Ms. Hoffman has over 20 years of experience in-house and in private practice. Her patent prosecution experience... | Read More
Ms. Hoffman has over 20 years of experience in-house and in private practice. Her patent prosecution experience includes working with inventors from around the world on pre-drafting strategy through appeals before the Board of Patent Appeals and Interferences. She has created and implemented global strategies for protecting intellectual property assets of corporations. Her work also includes transactions involving intellectual property.
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