Objective Evidence in IPRs: Demonstrating Sufficient Nexus
Linking Evidence and Merits of Claimed Invention, Leveraging Prosecution Declarations
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will guide patent counsel on how to demonstrate nexus between objective evidence of non-obviousness and the claimed invention. The panel will offer best practices using analysis and explanation to link objective evidence to the merits of the claimed invention.
Outline
- Successful and unsuccessful attempts to rely on objective evidence of non-obviousness
- Evidence commensurate in scope
- Requests for additional discovery of objective evidence
- Strategic use of prosecution declarations
- Best practices for using objective evidence to establish non-obviousness
Benefits
The panel will review these and other key issues:
- How can patent counsel strategically use prosecution declarations supporting positions of non-obviousness in the POPR?
- What are the advantages of understanding how the courts and the examiners are applying the nexus test?
- What steps should patent owners and their counsel take to link through analysis and explanation objective evidence to the merits of the claimed invention?
Faculty

Mark J. Feldstein, Ph.D.
Partner
Finnegan Henderson Farabow Garrett & Dunner
Dr. Feldstein focuses on U.S. district court litigation, primarily concerning the enforcement of U.S. patent rights and... | Read More
Dr. Feldstein focuses on U.S. district court litigation, primarily concerning the enforcement of U.S. patent rights and trade secret issues, and post-grant trial proceedings at the USPTO, including inter partes review (IPR) and post grant review (PGR). He maintains an active patent prosecution practice, preparing and prosecuting U.S. patent applications on behalf of domestic and foreign clients. He also provides opinions and strategic guidance to clients on infringement, validity, enforceability, and clearance matters. His practice encompasses a range of technologies, including pharmaceuticals, biochemistry, polymers, small molecule chemistry, optics, and medical and analytic devices.
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Michael J. Flibbert
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Flibbert has extensive experience in all aspects of patent law, focusing on district court litigation, appeals, and... | Read More
Mr. Flibbert has extensive experience in all aspects of patent law, focusing on district court litigation, appeals, and inter partes review (IPR) and other contested proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. He has successfully represented clients in patent disputes before federal district courts, the Federal Circuit, and the PTAB involving a range of technologies, including pharmaceuticals, biotechnology, chemistry, chemical engineering, agriculture, and materials science. He also regularly counsels clients on patent issues, including infringement, validity, enforceability, and remedies.
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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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