The outcome of a U.S. patent litigation often turns on decisions that were quietly made many years before the courtroom drama—by patent attorneys drafting claims and prosecuting an application. The choice of words used in the claims and specification, statements made to the U.S. Patent and Trademark Office (USPTO), as well as the selection of prior art submitted, can all have a profound effect on the patentee’s ability to prove infringement, obtain relief, and withstand challenges to the patent’s validity.
Poorly drafted patents are now easily challenged at the USPTO under the America Invents Act (AIA) procedures. And all too frequently, even patents that find their way into the courtroom are construed much more narrowly than the patentee may have intended or, worse, invalidated under the courts’ evolving interpretations of the statutory requirements for patentability.
This webinar reveals lessons learned from litigating patents that will assist you in drafting and prosecuting patent applications to avoid common pitfalls and more effectively achieve your intellectual property objectives. The speakers will focus on actual examples from court decisions to illustrate how patents are interpreted, enforced, and scrutinized in today’s litigation environment, and how altering your patent prosecution strategies can better prepare your patents for their day in court.
Topics will include:
- Claim drafting strategies that:
- eliminate certain defenses of accused infringers;
- simplify proof of infringement and maximizing damages rewards; and
- avoid patent eligibility limitations under Section 101.
- Prosecution strategies that:
- avoid double patenting pitfalls;
- preserve protection under the doctrine of equivalents; and
- ensure compliance with your duty of disclosure.
This webinar is the first in Finnegan’s winter 2015 series, “Strategic U.S. Intellectual Property Webinars for Asian Counsel.”
Moderator:
Speakers:
York M. Faulkner
Rajeev Gupta, Ph.D.
Date:
Thursday, January 8, 2015
Time:
7:30 - 8:30 a.m. India
10:00 - 11:00 a.m. China/Taiwan
11:00 a.m. - 12:00 p.m. Japan/Korea
