Leveraging Latest Patent Decisions, Navigating New Complexities, Cases to Watch in 2017
Key Lessons on Patent Eligibility, Deference on Appeal, Venue, Estoppel, Continuation Patent Applications, and More
This CLE webinar will discuss the latest key federal court and PTAB decisions, provide insights into lessons from the decisions for patent counsel and their clients going forward, and offer best practices for handling patent issues in light of the developments.
Patent counsel must stay up-to-date and understand the significant developments over the past year in patent cases. For example, the Supreme Court issued important decisions, ruling on the Patent Office’s approach of applying the BRI standard to interpret patent claims and addressing the standard for awarding enhanced damages. The Federal Circuit also provided important guidance on patent eligibility and reviewability of PTAB decisions.
The Supreme Court heard oral argument in Nov. 2016 in two patent cases. The first is Samsung Electronics v. Apple, where the Court ruled in December that the term ‘article of manufacture’ as used in the context of design patent damages encompasses both a product sold to a consumer and a component of that product, potentially limiting some damages awards. The second case is SCA Hygiene Products v. First Quality Baby Products, where the Court faces a question as to the extent to which the defense of laches may bar a patent infringement claim, if at all.
The PTAB also issued precedential decisions addressing additional discovery, the one-year time bar and substitute claims, among other issues.
Listen as our panel of patent attorneys provides an analysis of the latest and most important Supreme Court, Federal Circuit and PTAB decisions in 2016. The panel will provide insight into the impact of those decisions and offer best practices for handling patent cases. The panel will also discuss the cases to watch in 2017.
Key PTAB decisions
Supreme Court and Federal Circuit decisions
What the decisions mean for future cases
Best practices in light of recent decisions
What to watch for in 2017
The panel will review these and other key issues:
How was Cuozzo decision affected claim construction and reviewability?
How will the district courts apply the new standard for enhanced damages?
How are the courts applying the framework for patent eligibility created in Alice Corp.?
Joseph E. Palys, Partner, Litigation Department
Paul Hastings, Washington, D.C.
Mr. Palys focuses his patent practice on litigation, post-grant proceedings, portfolio monetization and management, and client counseling. His technical experience is primarily in the areas of software, business methods, financial services, computer, network, and electro-mechanical technologies. Mr. Palys leans on his more than 20 years of patent experience to counsel small to very large clients regarding post-grant review proceedings implemented under the AIA, and to provide infringement, validity, and product clearance opinions.
Timothy K. Sendek, Partner
Lathrop & Gage, Chicago
Mr. Sendek is an experienced trial lawyer focusing on IP matters. He has litigated and tried patent, trademark and copyright matters in U.S. District Courts, and before the ITC and the PTAB. Mr. Sendek's practice also includes counseling and patent prosecution before the USPTO. Mr. Sendek has also taught patent litigation as an adjunct professor at the University of Illinois College of Law.