Refuting Obviousness With Secondary Considerations
Surviving or Defeating Validity Challenges, Lessons From Recent Federal Circuit and PTAB Decisions
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course 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.
Outline
- Secondary considerations to refute obviousness
- Recent Federal Circuit and PTAB decisions
- 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
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
Mr. Stach has extensive experience in several areas, including challenging and defending patents in post-grant proceedings at the U.S. Patent and Trademark Office (USPTO), litigating in district courts and at the U.S. International Trade Commission (ITC), representing clients in appeals before the U.S. Court of Appeals for the Federal Circuit, managing worldwide patent portfolios, and counseling clients on due diligence and freedom-to-operate issues. He handles cases involving many different technologies, including electrical, computer, software, chemical, pharmaceutical, medical device, and mechanical technologies.
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Matthew D. Zapadka
Attorney
Bass Berry & Sims
Mr. Zapadka counsels clients on the protection and enforcement of their intellectual property assets, with a focus on... | Read More
Mr. Zapadka counsels clients on the protection and enforcement of their intellectual property assets, with a focus on patent litigation. He advises on various intellectual property disputes in federal district court and state court, as well as trials at the USPTO Patent Trial and Appeal Board (PTAB), along with filing and arguing appeals at the U.S. Court of Appeals for the Federal Circuit. Though he focuses on patent litigation, he also has experience litigating commercial disputes. He has worked with companies in a variety of sectors, including genetic technologies; biomolecular engineering; prosthetics; nutritional supplements; nuclear reactors; ultracapacitors; and genetic data visualization systems.
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