Patent Year in Review: Key Decisions, Trends, and Strategies

Patent Eligibility, Obviousness, Written Description, Pleading Standards, and More

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Tuesday, March 7, 2023

Recorded event now available

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Course Materials

This CLE course will guide patent counsel on recent trends and developments in patent practice. The panel will examine the Supreme Court, Federal Circuit, and PTAB cases from the past year and discuss some of the key developments and strategies.

Description

Though the Supreme Court wields the biggest hammer in the U.S., in 2022 the Court continued to pass on granting petitions for certiorari dealing with subject matter eligibility, most notably in Am. Axle v. Neapco. The court did grant certiorari on another issue, particularly painful for life sciences technology, enablement (Amgen v. Sanofi dealing with antibody claims).

The Federal Circuit issued several important decisions in fundamental aspects of patent law, including inventorship (Thaler v. Vidal), induced infringement (GSK v. Teva), negative claim limitations (Novartis Pharms. Corp. v. Accord Healthcare), anticipation, and obviousness. There were also several important opinions in PTAB appeals, including on petitioner estoppel, sua sponte rejections, applicant admitted prior art, inherent anticipation, and "by another" for purposes of 35 U.S.C. s. 102.

The Year in Review would not be complete without discussing the new Director at the USPTO and several new Guidances and Notices published in 2022.

Listen as our authoritative panel of patent attorneys examines cases from the past year and will discuss some of the critical developments, essential trends, and strategies.

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Outline

  1. Supreme Court decision
  2. Federal Circuit decisions
  3. Important PTAB decisions and developments

Benefits

The panel will review these and other key issues:

  • Key patent decisions in the Federal Circuit and Supreme Court and the impact on patent practice
  • Impact of recent PTAB decisions and developments on patent practice
  • Lessons from recent decisions and strategies going forward

Faculty

Irving, Thomas
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

Hooson, Sarah
Sarah Hooson

Director, Legal
Merck Sharp & Dohme

Ms. Hooson is director in the Intellectual Property Group at Merck in Rahway, NJ. Her present responsibilities include...  |  Read More

Kostiew, Krista
Krista Kostiew
Assistant General Counsel-Patents
Unilever

Ms. Kostiew is an experienced patent attorney with a demonstrated history of working in the consumer goods industry...  |  Read More

Gao, Michelle
Xiaoguang Michelle Gao, Ph.D., J.D.

Assistant General Patent Counsel
Eli Lilly and Company

Dr. Gao provides IP support for Lilly BioMedicines assets and the Lilly Biotechnology Center in San Diego.  She...  |  Read More

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