Section 102 and Prior Art: Navigating the Expanded Scope of Prior Art and AIA Exceptions
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will examine AIA Section 102 prior art and the AIA exceptions. We will offer best practices for identifying relevant prior art when filing or challenging patent applications, and making the correct choice of law for prosecuting.
Outline
- Section 102 under the AIA
- Definition of prior art
- "Secret" prior art
- Effectively filed requirements
- Interplay with pre-AIA applications
- FITF USPTO examination guidelines
- Choice of law issues
- Recent AIA 102 decisions
- District court and Federal Circuit AIA 102 decisions
- Best practices for identifying and dealing with prior art
Benefits
The panel will review these and other key issues:
- How did AIA expand the definition of prior art?
- What are the Section 102 exceptions and what is the impact on Section 103 art?
- How can counsel claim--or defend against--post-AIA patent applications asserting priority over pre-AIA applications?
- What practices should patent counsel employ in order to utilize prior art?
Faculty
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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Kara A. Specht
Atty
Finnegan Henderson Farabow Garrett & Dunner
Ms. Specht focuses on patent litigation before district courts and before the International Trade Commission. Her... | Read More
Ms. Specht focuses on patent litigation before district courts and before the International Trade Commission. Her practice covers a wide range of electronic and electrical technology areas related to computers, consumer electronics, and computer-implemented business methods. She has experience in all aspects of patent litigation before district courts, the ITC, and the Federal Circuit, ranging from pre-filing planning and strategy, discovery management, motion practice, offensive and defensive depositions, claim construction, and summary judgment. She also has experience before the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) and covered business method (CBM) review proceedings, including prior art searching and analysis, petition preparation, motions to exclude evidence, and expert depositions.
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C. Collette Corser
Attorney
Finnegan Henderson Farabow Garrett & Dunner
Ms. Corser focuses her practice on patent litigation and client counseling in various technical areas, with an emphasis... | Read More
Ms. Corser focuses her practice on patent litigation and client counseling in various technical areas, with an emphasis on the chemical and pharmaceutical industries. She is involved in all aspects of patent litigation and her work includes pre-litigation analysis, fact and expert discovery, claim construction, motions practice, and handling day-to-day litigation activities. She has experience with Section 337 investigations before the U.S. International Trade Commission, as well as post-grant proceedings before the Patent Trial and Appeal Board. She also counsels clients on patent portfolio management and assists with the prosecution of chemical patents
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