Blocking Patents in Prosecution Strategy and Corporate IP Strategy After Acorda

  • Registration Closed

In its 2018 Acorda v. Roxane decision, the Federal Circuit addressed in detail the blocking patent doctrine, under which the potential deterrent effect of an earlier patent on subsequent innovation can discount or negate objective indicia of nonobviousness pertaining to a later invention. The decision was viewed as a threatening broadening of the doctrine by many in the pharmaceutical industry, where the doctrine developed in litigation.

 Last fall, the Supreme Court denied the petition for certiorari in the case. These two webinars will examine the impact of Acorda both within the pharma industry and without. The language of the decision leads some experts to believe the blocking patent doctrine enunciated in Acorda is applicable to any technology, and that the lengthy “Acorda factors” will soon join elder siblings like the Graham and Georgia-Pacific factors in patent lexicography.

 Depending on how courts react, Acorda raises many issues for patent prosecutors, notably how to protect inventions that represent an incremental improvement over existing patents.

On Wed Feb. 26, in the second webinar of this series, the panel will include an in-house counsel at a leading medical device company and two veteran patent prosecutors. They will discuss what prosecution strategies will best protect such inventions if they are now more vulnerable, and whether such considerations should now impact corporate IP strategy and budgets.

Speakers:

Adriana Burgy, Finnegan

Stephen Durant, Schwegman Lundberg & Woessner

Jeffrey Hohenshell, Medtronic

Adriana Burgy

Finnegan

is a partner at Finnegan. Her practice focuses on opinion work, client counseling, patent prosecution and management, and litigation in the chemical, pharmaceutical, and biotechnology arts. She assists clients on single-patent issues as well as complex matters involving multiple patents and applications requiring patent portfolio strategy and development, with an eye towards litigation.

Stephen Durant

Schwegman Lundberg & Woessner

is a registered patent attorney and a principal at Schwegman Lundberg & Woessner. He has drafted and prosecuted patents in a wide range of software and computer technologies. His practice is devoted to developing IP portfolios aligned with business goals and with enforcement and litigation strategy. Earlier, he was a partner at Wilson Sonsini and Morrison & Foerster.

Jeffrey Hohenshell

Medtronic, Inc.

is a senior patent attorney at Medtronic. An experienced patent prosecutor and strategist, he has had success invalidating for double patenting several patents covering patient-monitoring systems that were asserted against Medtronic.

Key:

Complete
Failed
Available
Locked
Blocking Patents in Patent Prosecution and Corporate IP Strategy After Acorda
02/26/2020 at 2:00 PM (EST)   |  60 minutes
02/26/2020 at 2:00 PM (EST)   |  60 minutes
Evaluation Survey
11 Questions
CLE Credit
4 Questions
4 Questions CLE credit will be available for registered attendees only. If you would like CLE credit for this webinar, please complete the following questions. IPO will apply for CLE for all live programs in the majority of the states that require CLE. IPO will not be applying for CLE in the states of Florida, Ohio, South Carolina, West Virginia, or Texas (attorneys in TX may submit up to 5 hours of self-study credit). Once IPO has received approval from the state(s) CLE boards , certificate(s) of attendance will be available for download from your dashboard.
CA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available California has approved this course for 1 hour of CLE credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
IL Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Illinois has approved this webinar for 1 hour of CLE credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select “claim credits” and then “view/print your certificate” for your records.
IN Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Indiana has approved this course for 1 hour of CLE credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
MN Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Minnesota has approved this course for 1 hour of CLE credit. Only registered attendees that attended this course are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
MO Certificate of Attendance
Up to 1.20 CLE credits available  |  Certificate available
Up to 1.20 CLE credits available  |  Certificate available Missouri has approved this course for 1.2 hours of CLE credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select "Claim credit" then "View/Print certificate" for your records.
NJ Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available New Jersey has approved this webinar for 1 hour of CLE credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select "claim credits" and then "view/print your certificate" for your records.
NY Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available This course was approved in Virginia, a NY approved jurisdiction, for 1 hour of CLE credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select “claim credits” and then “view/print your certificate” for your records.
PA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Pennsylvania has approved this course for 1 hour of CLE credit. Only registered attendees that viewed the course are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
VA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Virginia has approved this webinar for 1 hour of CLE credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select “claim credits” and then “view/print your certificate” for your records.
WA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Washington has approved this course for 1 hour of CLE credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
Blocking Patents in Patent Prosecution and Corporate IP Strategy After Acorda (RECORDING)
Open to view video.
Open to view video.