Section 112(a) Enablement and Written Description Issues in Patent Cases: Leveraging CCPA and Federal Circuit Decisions
Capitalizing on Past Precedent to Withstand 112(a) Rejections and Attacks on Patent Validity and Patentability
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide patent counsel on leveraging decisions by the PTAB, the CCPA, and the Federal Circuit regarding applying Section 112 written description and enablement requirements in patent cases. The panel will examine lessons from these decisions and offer strategies to overcome challenges under Section 112(a), particularly in light of the current judicial restrictive approach.
- Recent Section 112(a) CAFC decisions
- Recent PTAB 112(a) decisions
- Lessons from the CCPA and early Federal Circuit decisions that reversed Sect. 112 rejections/invalidity holdings
The panel will review these and other essential issues:
- What lessons can patentees apply to meet the written description and enablement requirements and withstand invalidity/unpatentability challenges based on written description and enablement?
- What steps can fix written description and enablement problems?
- What proactive steps should patent counsel take going forward to avoid repeating past mistakes?
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
Sharon A. Israel
Shook Hardy & Bacon
Ms. Israel focuses her practice on intellectual property law, with an emphasis in patent litigation. She has... | Read More
Ms. Israel focuses her practice on intellectual property law, with an emphasis in patent litigation. She has represented IP clients before trial and appellate courts, the PTAB and the International Trade Commission. Ms. Israel has litigated patents related to a variety of industries and technologies, including wireless communications, oilfield equipment, consumer electronics, chemicals and medical devices. She is a frequent speaker and writer on IP-related topics and currently serves on the Council for the American Bar Association Intellectual Property Law Section. Ms. Israel also is a Fellow of the American Bar Foundation; the Texas Bar Foundation; the Houston Bar Foundation; and the American Intellectual Property Law Association.Close
Assistant General Counsel-Patents
Ms. Kostiew is an experienced patent attorney with a demonstrated history of working in the consumer goods industry... | Read More
Ms. Kostiew is an experienced patent attorney with a demonstrated history of working in the consumer goods industry including beauty and personal care products and compositions (bars, liquids, sanitizers, shampoos, conditioners, etc.). She is skilled in Patent Prosecution, Freedom to Operate (FTO), Patent Portfolio Analysis, Patent Law, Technology Transfer, NDA/CDAs, and other aspects of Intellectual Property.Close
Assistant General Counsel, Intellectual Property
-| Read More