Refuting Obviousness With Secondary Considerations

Surviving or Defeating Validity Challenges, Lessons From Recent Federal Circuit and PTAB Decisions

A live 90-minute premium CLE webinar with interactive Q&A


Tuesday, December 15, 2020

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 27, 2020

or call 1-800-926-7926

This CLE webinar will guide patent counsel on the use of secondary considerations to demonstrate or refute obviousness. The panel will examine what works and what does not when seeking to survive or defeat validity challenges. The panel will also review recent Federal Circuit decisions and PTAB precedential and informative decisions addressing secondary considerations evidence and offer best practices for arguing secondary considerations.

Description

In a recent line of cases, the Federal Circuit emphasized the importance of secondary considerations. The court also explained the requirements to use these considerations to refute obviousness effectively. The Patent Trial and Appeal Board (PTAB) has also designated as precedential or informative decisions addressing secondary considerations.

The biggest hurdle to proving nonobviousness through secondary considerations is demonstrating a nexus between the proffered evidence and the claimed invention. Counsel needs to understand what the PTAB and courts are looking for in a persuasive secondary considerations argument. When refuting such arguments, a patent challenger should contest the nexus between the evidence and the patent claims at issue. The patent challenger should also consider the probative weight of the patent owner's secondary consideration evidence to determine if there is sufficient factual support in the record.

Listen as our authoritative panel of patent attorneys examines the use of secondary considerations to refute obviousness. The panel will discuss what works and what does not when seeking to defend or defeat validity challenges. The panel will review Federal Circuit and PTAB decisions addressing secondary considerations and offer best practices for arguing secondary considerations.

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Outline

  1. Secondary considerations to refute obviousness
  2. Recent Federal Circuit and PTAB decisions
  3. Best practices

Benefits

The panel will review these and other critical issues:

  • What are the lessons from recent cases where secondary considerations successfully defeated validity challenges?
  • What can be learned from unsuccessful attempts when using secondary considerations?
  • How have the federal courts treated secondary considerations in recent cases?

Faculty

Kiklis, Michael
Michael L. Kiklis

Member
Bass Berry & Sims

Mr. Kiklis focuses on PTAB litigation as well as district court patent litigation. He also handles Federal Circuit...  |  Read More

Stach, Jason
Jason E. Stach

Partner
Finnegan Henderson Farabow Garrett & Dunner

Mr. Stach has extensive experience in several areas, including challenging and defending patents in post-grant...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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DVD

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