Patents and the Written Description Requirement
Navigating Section 112 Disclosure Obligations and Withstanding Invalidity Challenges
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to counsel for patentees and patent challengers for dealing with the U.S. Patent Law Section 112's written description requirement. The panel will also discuss the lessons learned since the Federal Circuit's opinion in Ariad v. Eli Lilly for compliance and patent challenges.
Written description requirement
- Purpose and scope
- What is required by Section 112
- Application of the requirement
Lesson learned after Ariad v. Lilly
- Brief review of Ariad v. Lilly
Impact of the decision
- on patent prosecution
- for predictable arts
- for non-predictable arts
- for the written description
- on patent litigation
- Treatment by other courts
- Best practices to meet the written description requirement
The panel will review these and other key questions:
- How is the Ariad decision being applied by the courts—and what has its impact been on patent prosecutions?
- What are the implications of Ariad for the predictable and non-predictable arts?
- What steps can counsel for patentees take to meet the written description requirement and withstand invalidity challenges based on the written description?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Thomas L. Irving
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.Close
She is a member of the firm’s patent litigation practice and focuses her practice on intellectual property... | Read More
She is a member of the firm’s patent litigation practice and focuses her practice on intellectual property litigation, with particular expertise in patent infringement and trade secret disputes. She also practices in the area of white collar criminal defense.Close