Means-Plus-Function Patent Claims: Anticipating the Outcome of Xencor
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide patent counsel on means-plus-function (MPF) antibody claims, particularly in light of the USPTO's adverse decision in Xencor. The panel will discuss the potential outcomes and the best practice options flowing therefrom, including best practices to avoid such an adverse decision in future antibody MPF claims.
- MPF antibody claims and the benefits of using them
- USPTO decision in Xencor
- Written description in Section 112(a) and Section 112(f)
- Definiteness of MPF antibody claims under Section 112(b)
- Amicus briefs
- What's the alternative if MPF is not available
- Best practices throughout
The panel will review these and other noteworthy issues:
- What are the benefits and limitations of using MPF patent claims for antibody patents?
- What are the potential implications of the USPTO's decision in Xencor?
- What are the alternatives if MPF is not available?
Joanna T. Brougher, Esq., MPH
Owner & Principal
BioPharma Law Group
Ms. Brougher is a patent attorney who focuses on all aspects of services related to patents in the areas of... | Read More
Ms. Brougher is a patent attorney who focuses on all aspects of services related to patents in the areas of biotechnology, pharmaceuticals and medical devices, including patentability opinions, due diligence, patent drafting, domestic and foreign patent prosecution, development and management of patent portfolios, and general client counseling during all phases of a product’s lifecycle, from concept to commercialization.
Her patent experience covers a variety of complex and innovative inventions involving small molecule drugs, biologics, cell-based technologies, compositions, drug formulations and drug delivery systems, immunotherapeutics, medical devices, diagnostic tests, nanotechnology, and immunology, particularly vaccines and antibodies. Ms. Brougher also has experience counseling clients on the Hatch-Waxman Act and is monitoring developments involving biosimilars under the Biologics Price Competition and Innovation Act.
Thomas L. Irving
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.Close
Michelle E. O'Brien
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.Close