Dr. Jonathan Schuchardt to Present in Upcoming Strafford CLE Webinar on Obviousness
Dr. Jonathan Schuchardt, Partner at Dilworth IP will be presenting as a panelist for the upcoming Strafford webinar Obviousness Standard After the AIA: Leveraging Latest PTO and Court Guidance. This webinar can be used to obtain CLE credits through Strafford. The webinar is scheduled for Thursday, January 15th from 1:00pm to 2:30pm EST.
Strafford is extending a 50% discount for all friends and affiliates of Dilworth IP. That discount will be calculated at checkout when registering through Strafford’s website by using the links in this post.
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About the Presentation
The impact of Federal Circuit decisions from 2013 and 2014 has been significant. Federal Circuit review of PTAB decisions in appeals of final rejections and ex parte and inter partes reexaminations has highlighted the problem of hindsight in Leo Pharmaceuticals, the role of common sense and deference to PTO expertise in K/S HIMPP v. Hear-Wear Technologies and In re Giannelli, and the impact of KSR in evaluating motivation to combine references in Randall Manufacturing.
The Federal Circuit’s treatment of district court decisions will also be explored. The court’s analysis of unexpected results in Galderma Laboratories v. Tolmar and Bristol-Myers Squibb v. Teva Pharmaceuticals has added contours to the obviousness calculus. Among other recent issues, obviousness-type double patenting (e.g., Gilead Sciences v. Natco Pharma) and design patent obviousness (e.g., MRC Innovations v. Hunter Manufacturing) will be discussed.
Decisions have begun to emerge from the PTAB from inter partes review proceedings. We will explore how the PTAB is analyzing obviousness issues when deciding whether to institute trial and then after trial has been instituted (including the role of secondary considerations of non-obviousness), and provide insight on PTAB final decisions to give practical guidance to both patentees and petitioners. And we will take a look at the first IPR decisions to reach the Federal Circuit, including Garmin v. Cuozzo (renamed In re Cuozzo on appeal since Garmin withdrew).
Practitioners need to understand the PTO guidelines, the effect of the AIA, and how the PTO Board of Appeals and courts apply the obviousness standard since KSR in order to successfully prepare, prosecute, and defend patents.
Our panel will provide patent counsel with guidance on the evolving obviousness standard in light of Federal Circuit treatment and analysis, the AIA, and recent USPTO guidelines. The panel will outline best practices to avoid obviousness rejections and defend patent validity.
We will review these and other key issues:
- How have recent Federal Circuit decisions affected application of the obviousness standard?
- What level of “unexpected results” is needed to demonstrate patentability in light of recent decisions?
- Should a Section 101 argument be part of every patent challenger’s arsenal?
- What are the most effective strategies for both patentees and petitioners in prevailing on obviousness assertions in the relatively new inter partes review proceedings?
About the Presenter
Jonathan L. Schuchardt, Ph.D., J.D., helps scientists, engineers, R&D managers, and business leaders understand complex intellectual property matters so they can protect valuable inventions, avoid conflicts, and innovate with confidence. Fluent in organic chemistry, catalysis, and polymer chemistry, Jon is an expert in devising patent strategies, growing patent portfolios, and improving IP processes. Jon is a skillful draftsman, communicator, teacher, and advocate. Since joining Dilworth IP in 2011, Jon has drafted and prosecuted patent applications, prepared freedom-to-practice opinions, and counseled the firm’s clients on a variety of intellectual property issues. Previously, Jon was Senior Counsel at LyondellBasell Industries in Newtown Square, PA, where he supported various business areas with patent application drafting, prosecution, counseling, agreement work, transaction support, and client education. Before transitioning to patent practice, Jon worked for Lyondell’s predecessor ARCO Chemical Company as a research chemist, primarily in the area of polymer synthesis.
Dilworth IP is an intellectual property and business law firm providing legal services in the areas of patent and trademark prosecution, opinions, agreements and litigation in the chemical, biotech, pharmaceutical, medical device, material science, consumer products, electronics, software, and semiconductor industries. We’ve been in the lab. Whether your invention is a controlled-release pharmaceutical, a fuel cell, or a new polyolefin catalyst, our attorneys will speak your language and listen well. We’ll quickly grasp nuances of your complex technology and capture the IP protection you deserve. To learn more about the firm, please visit www.dilworthip.com.