Patent Year in Review: Key Decisions, Trends, and Strategies
Enablement, Obviousness, Inventorship, Anticipation, and More

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Patent
- event Date
Tuesday, March 5, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide patent counsel on recent trends and developments in patent practice. The panel will examine the Supreme Court, Federal Circuit, and PTAB cases from the past year and discuss some of the key developments and strategies.
Faculty

Mr. Irving has 47 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.

Ms. Hooson is director in the Intellectual Property Group at Merck in Rahway, NJ. Her present responsibilities include patent preparation, prosecution, and due diligence support for small molecule, vaccine, and antibody programs in human and animal health. She gained her initial legal patent experience while working at GlaxoSmithKline (GSK). She received her bachelor’s degree in Biomedical Engineering from Georgia Institute of Technology, and her J.D. from Delaware Law School - Widener University. She gained considerable bio-pharmaceutical research and development and vaccine process development experience while working as an engineer at Merck, GSK, and MedImmune.

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.

Dr. Gao provides IP support for Lilly BioMedicines assets and the Lilly Biotechnology Center in San Diego.  She obtained her Ph.D. in Molecular Biology from Northwestern University, and J.D. from the University of Illinois.  Prior to joining Eli Lilly, she was a Patent Attorney at Novartis Institutes for BioMedical Research, where she supported ImmunoOncology and Neuroscience programs.  She also worked for Fish & Richardson as an associate, focusing her practice on biopharma-related patent prosecution and litigation there.
Description
Though the Supreme Court wields the biggest hammer in the U.S., in 2023 the Court continued to pass on granting petitions for certiorari dealing with subject matter eligibility. The Court did grant certiorari on another issue on enablement, and issued a decision particularly painful for some life sciences technology (Amgen v. Sanofi dealing with antibody claims).
The Federal Circuit issued several important decisions in fundamental aspects of patent law, including inventorship, induced infringement, negative claim limitations, anticipation, obviousness, and obviousness type double patenting and there is an important pending case on means plus function in pharmaceuticals. There were also several important opinions in PTAB appeals, including on petitioner estoppel, sua sponte rejections, applicant admitted prior art, inherent anticipation, and "by another" for purposes of 35 U.S.C. 102.
The year in review would not be complete without discussing several new guidances and notices published this past year, including guidance just published by the USPTO declaring that Amgen v. Sanofi changed nothing.
Listen as our authoritative panel of patent attorneys examines cases from the past year and discusses some of the critical developments, essential trends, and strategies.
Outline
- Supreme Court decisions
- Federal Circuit decisions
- Important PTAB decisions and developments
Benefits
The panel will review these and other key issues:
- Key patent decisions in the Federal Circuit and Supreme Court and the impact on patent practice
- Impact of recent PTAB decisions and developments on patent practice
- Lessons from recent decisions and strategies going forward
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