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35 USC 103 and CAFC

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Recorded on: Jul. 23, 2013

JOHN WHITE: Now I get to introduce Rebecca and the next topic. But I told you, Ben brings passion to 102(g), and for that reason alone it's a shame that it's gone. Because it's such a fun topic. Our next topic is 103, as seen through the lens of district court, and importantly, CAFC decisions. And the reason we look at 103 from all angles, and indeed all of prior art from all angles, is it matters. The patent office takes one view and the CAFC helps ...

35 USC 103 and CAFC

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Recorded on: Jul. 23, 2013

Taken from the Web Program Prior Art, Obviousness, and the America Invents Act in 2013 Recorded July, 2013 in San Francisco35 USC 103 and CAFC [00:56:38] KSR in 2012-13 in the District Courts KSR as implemented by the CAFC in 2012-13 Rader: “…from my perspective 103 has not changed…under KSR.” Where do we go from here: Did the AIA change anything but a word? The purchase price of this segment includes the following article(s) from the Course ...

Assoc. for Mol. Path. v. Myriad: Isolated Human DNA is Not Patent-Eligible Subject Matter 2013 (Audio-only)

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Released on: Jul. 17, 2013

Taken from the briefing Assoc. for Mol. Path. v. Myriad: Isolated Human DNA is Not Patent-Eligible Subject Matter recorded June, 2013.On June 13, 2013, the U.S. Supreme Court held that naturally occurring, isolated human DNA was not patentable subject matter. The litigation involved Myriad’s patents covering, inter alia, isolated human DNA sequences known as the BRCA1 and BRCA2 genes. Mutations in one of these genes can dramatically increase an individual’s ...

Bowman v. Monsanto: Supreme Court Reinforces the Limits of the “Patent Exhaustion” Defense 2013 (Audio-only)

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Released on: Jun. 14, 2013

Taken from the briefing Bowman v. Monsanto: Supreme Court Reinforces the Limits of the “Patent Exhaustion” Defense recorded May, 2013.On May 13, 2013, the U.S. Supreme Court released its unanimous decision in Bowman v. Monsanto Co. and reinforced the limits of the “patent exhaustion” doctrine. In its decision, the Supreme Court held that the patent exhaustion doctrine did not shield Indiana farmer Vernon Bowman’s unauthorized planting of Monsanto ...

CLS Bank Int'l v. Alice Corp.: Federal Circuit Splits on Patent Eligibility of Computer-Implemented Inventions 2013 (Audio-only)

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Released on: Jun. 25, 2013

Taken from the briefing CLS Bank Int'l v. Alice Corp.: Federal Circuit Splits on Patent Eligibility of Computer-Implemented Inventions recorded June, 2013.On May 10, the Federal Circuit handed down a much-anticipated en banc ruling regarding the patent eligibility of computer-implemented inventions under 35 U.S.C. § 101.  In a per curiam opinion that is perhaps the most important § 101 jurisprudence since the Supreme Court's Bilski v. Kappos ...

Analysis of the Patent Landscape: Asserting Your Rights and the New Face of Patent Litigation; District Courts, ITC, IPR, and PGR

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Recorded on: Jul. 2, 2013

MARTA GROSS: All right, welcome back, everyone. And so now we're going to move into the next module of the three modules that we're doing today. As I mentioned to you this morning when I was giving the overview, this is the module where what we're planning on doing is I'm going to give probably a 15 or 20 minute background on what I call patent landscape. Which is going to go into some scenarios where you might have your patent attorney do some analysis ...

Understanding Patent Law 2013

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From the program: Understanding Patent Law 2013

Released on: Jul. 12, 2013

As the America Invents Act becomes part of current practice of patent law, you may think it is not possible to gain an understanding of this complicated field of law in one day. You would be incorrect. Whether you are new to patent law or are trying to refresh your knowledge of this field, this program will cover the key points you need to get up to speed. In particular, this program will cover all types of patent issues that may arise ...

Anatomy and Timeline for a District Court Patent Infringement Case

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Recorded on: Jun. 6, 2013

IAN N. FEINBERG: Welcome back. We have a slight change in plans, and the change in plans occurred about 90 seconds ago. So we're going to do the anatomy and timeline for a district court patent infringement case. Hopefully, our speaker for Markman will come later. These programs are interchangeable in terms of which comes first. In many ways, maybe this one should have gone first. But that's what we're going to do. So as much as Josh talked to you, ...

Fundamentals of Patent Litigation 2013

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From the program: Fundamentals of Patent Litigation 2013

Released on: Jun. 19, 2013

Are you a litigator and have always wondered how patent litigation differs from your practice?  Or maybe you have considered pursuing patent litigation but first wanted to find out how it differs from other types of commercial litigation?  This exciting program will explore what makes patent litigation, whether in District Court or at the ITC, different from other types of litigation, from the Rule 11 pre-filing investigation through ...

Doing the Deal: M&A, Licensing and Other Patent Transactions

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Recorded on: Jul. 2, 2013

MARTA GROSS: OK, welcome back everyone. It's 3:15. And before we get started and I introduce our next panel, I just would like to remind everyone and ask that you fill out the evaluations. We really do look at them. I look at them. Sima looks at them. The panelists look at them. We're interested in hearing what you want to hear more about, the details and all that. Again, this is a lot of subject matter we're trying to cover in one day. And we recognize ...

Elements and Burdens in a Patent Infringement Case and the Defendant's Response

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Recorded on: Jun. 6, 2013

SPEAKER 1: All right, now. JOSHUA M. MASUR: OK. Actually, it's funny because I think the reason that I'm here is that I'm one of the few people who, when they're told they are being asked to talk about complaints and answers for an hour, says only an hour? And in fact, it looks like I'm going to get a little more than an hour with you. So that will be even more fun. And I think we're going to continue the tradition that we've started already of ...

Europe's New Unitary Patent Regime: One Patent, One Court 2013 (Audio-only)

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Released on: May. 9, 2013

Taken from the briefing Europe's New Unitary Patent Regime: One Patent, One Court recorded April, 2013.Now that 24 EU member states have signed an international treaty establishing a European unified patent court, Europe’s dream of a unified patent system is moving closer to reality. If enough participating states ratify the agreement, the EU will get a new Unitary Patent right - taking effect via a single application throughout most of the EU - and ...

How Technology Is Creating the Third Industrial Revolution and Techniques to Finance New Businesses

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Recorded on: May. 17, 2013

MARC ROTH: We'd like to invite everyone to please come back into the room. We'd like to get started for the afternoon session. We have two more panels this afternoon, and we're very excited about them. PETER BROWN: Three. Total of three. MARC ROTH: Three. Sorry. Three. So if everyone can please make their way back into the room it'd be much appreciated. OK. We can just get started. Our next session is actually one of the more interesting sessions ...

How Technology Is Creating the Third Industrial Revolution and Techniques to Finance New Businesses

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Recorded on: May. 17, 2013

Taken from the Web Program Information Technology Law Institute 2013: Privacy and Cybersecurity, Mobile Advertising, Digital Distribution, Social Media and the Third Industrial Revolution Recorded May, 2013 in San FranciscoHow Technology Is Creating the Third Industrial Revolution and Techniques to Finance New Businesses [00:59:29] The transformative potential of goods created with 3D printers Using technology to "print" samples, custom goods ...

Industrial Design, User Experience, and Maximizing Patent Protection

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Recorded on: Jun. 6, 2013

Taken from the briefing Industrial Design, User Experience, and Maximizing Patent Protection recorded June, 2013.Innovations in product form and user interactivity is front-and-center in many of today’s R&D organizations.  More and more, attorneys are being challenged with protecting the user experience that sometimes transcends the individual elements of an invention.  In this session we explore how the user experience and ...

Maximizing Your IP Job Search with Loyola Chicago's PLIP 2013 (Free Audio-only)

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Released on: May. 10, 2013

Please note: CLE is not available this program.Taken from the briefing Maximizing Your IP Job Search with Loyola Chicago's PLIP 2013 recorded April, 2013.Lecture Topics  [Total Time: 00:57:58]

Maximizing Your IP Job Search with PLIP 2013, Part II (Audio Only)

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Released on: Jun. 26, 2013

Please note that CLE credit is not available for this program.Taken from the briefing Maximizing Your IP Job Search with PLIP 2013, Part II recorded June, 2013.On Monday, June 24, those of you selected for interviews at Loyola's Patent Law Interview Program will get access to your preliminary interview schedules. As soon as you know who you will be interviewing with, you will want to begin preparing for the program.Our speakers: Alissa Holterman, ...

Old 102: Is it really gone? And, Which definitions and Practices Carry Over to New 102?

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Recorded on: Jul. 23, 2013

JOHN M. WHITE: Welcome back. It is now the afternoon session. And again, just to be mindful, we're recording and transmitting this around the web. And so we'll stick right to the time schedule. But don't let that interrupt your need to get some coffee, stretch your legs, that sort of thing. But for us, we're recording. So we'll stick to it. And so we begin the afternoon. Now, the afternoon kicks off with a look at old 102(f) and 102(g) and how it ...

Patent Litigation Before the Judicial Panel on Multidistrict Litigation and in MDL Proceedings

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Recorded on: May. 20, 2013

Taken from the briefing Patent Litigation Before the Judicial Panel on Multidistrict Litigation and in MDL Proceedings recorded May, 2013.Patentees continue to file multiple suits asserting the same or overlapping patents that the Judicial Panel on Multidistrict Litigation (JPML) consolidates for pretrial proceedings. This trend may increase with the changes to the joinder requirements made by the America Invents Act.Elaine Herrmann Blais ...

Patent Overview, Part 1

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Recorded on: Jul. 2, 2013

MARTA: And that's it. I took a smidge longer than I wanted. But I'm going to turn it over to our two panelists. Jane Gunnison is a partner from Ropes and Gray in New York. She's been practicing patent law in the areas I already mentioned in the biotech life sciences space for about 20 years now. And she's had a lot of experience in all different areas of technology and will be bringing that viewpoint. Sitting next to her is Chris Tobin, who's a partner ...

Patent Prosecution for Litigators

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Recorded on: Jun. 6, 2013

IAN FEINBERG: So our first two programs today are "Patent Prosecution for Litigators" and "Elements and Burdens in a Patent Infringement Case and the Defendant's Response." Our first speaker on patent prosecution for litigators is Sanjeet Dutta. Sanjeet is a partner in King & Spalding's Silicon Valley office. His practice focuses on patent litigation, patent prosecution, license agreements, and IP diligence and audits. He's ...

Post-Grant Review and Critical Issues That Win a Patent Infringement Case for a Plaintiff and a Defendant

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Recorded on: Jun. 6, 2013

IAN FEINBERG: OK. I'm going to assume-- oh. We go. OK. Welcome back those of you who are still here. Our next speaker is Joseph Lavelle. He is a patent lawyer focusing primarily on the preparation and trial of patent infringement cases. By the way, he also has a reg number, meaning he's also license under the PTO. He's handled a number of appeals to the Court of Appeals for the Federal Circuit. He's an author, teacher, and lecturer regarding antitrust ...

Post AIA Section 102: The Complete Breakdown of 102 (a)-(d)

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Recorded on: Jul. 23, 2013

JOHN WHITE: All right. With that, I get to introduce our speakers. So our first speaker this morning is Len Svensson. He comes to us from the San Diego office of Birch, Stewart, Kolasch, and Birch. Len has been speaking for PLI for the better part of a decade at this point. He has a degree in biochemistry from University of Maryland and then a law degree from George Mason University. And he came out to California as part of the gold rush, I guess, ...

Section 103: Inside the PTO KSR Guidelines

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Recorded on: Jul. 23, 2013

JOHN: Welcome back. It's 11:15. We're back on cameras that work for all those out there in the ether. And welcome back to all those in live attendance as well. Our next segment of the program is fascinating-- not that the others were not fascinating as well. Because it's all very interesting. I feel like a frequent flyer customer. When I'm standing in line with my boarding pass and they say, our preferred customers, please, and I obviously don't go. ...

The Concept of Old 102(e) Recast as New 102 (a)(2) as Implemented by New 102(d): Effects of Priority Under 119, 120, 121, 365

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Recorded on: Jul. 23, 2013

JOHN WHITE: Good afternoon. We are welcoming ourselves back, I'm welcoming you back to the last segment of our program today. We'll run until, I think, five-- BOB SPAR: Do you have questions on there? JOHN WHITE: --30? Yes. And we have some questions. We run until 5 o'clock, I'm sorry. I was too enthusiastic about this, 5:30. But we have some questions. Let me go over some questions we have from those on the web. And I'll try to extend this toward ...

Featured Faculty/Authors
Lisa J. Sotto

Lisa J. Sotto ~ Hunton & Williams LLP

David W. Pollak

David W. Pollak ~ Morgan, Lewis & Bockius LLP

Katie M. Lachter

Katie M. Lachter ~ Hinshaw & Culbertson LLP