Patent Law Practice Center

Live Seminar

Check out PLI’s Summer Schedule of Patent Law Events!

There is no better sign that summer has arrived than the recent heat wave blanketing the U.S. While making summer plans of barbecues and vacations, don’t forget that there are a handful of great patent law CLE programs being hosted by PLI all summer long. From introductory patent law basics to the complexities of the AIA’s implementation, there is a seminar available for patent law practitioners from across the spectrum.

Understanding Patent Law 2012: June 29, 2012 –  The morning discussion of fundamental patent principles, including what is patentable and how to prosecute and protect patents, establishes an important foundation for the topics that follow throughout the afternoon.  Patent opinions, patent licensing, and patent issues that arise in the context of transactions such as mergers and acquisitions will be covered.  In addition, a broad overview of patent litigation, including coverage of recent case law, will be addressed.  In-house counsel, general attorneys and business managers will learn to spot key patent issues that may face their clients and/or organizations and will learn what steps need to be taken next.

(SF) Fundamentals of Patent Prosecution 2012: A Boot Camp for Claim Drafting & Amendment Writing: July 11 – 13, 2012 – This program is directed to patent attorneys, litigation attorneys and patent agents with or without a Patent Office registration number, or little patent experience. It will focus on teaching the basics of claim drafting, patent application preparation and prosecution, as well as a review of recent developments in the law. A litigator’s perspective is also presented to show how drafting and prosecution can influence the development, and often the outcome, of subsequent patent litigation. The clinics offer a unique supplement to the kind of hands-on mentoring that senior attorneys are hard-pressed to provide to less-experienced attorneys and agents.

Patent Bar Review 2012: Boston, July 11-15, 2012; Chicago, August 7-11, 2012 – In clear, concise, right-to-the-point language, this information-packed course leads you through the intricacies – and around the traps – of the Patent Bar Exam. You’ll get the hard facts, test-taking tips, sample questions and answers, and intense practice exams that mirror what you’re going to face when you sit down to take the real thing. Our PatWare software almost exactly predicted the current format of the Exam by many years. PatWare has now been expanded, updated and Web-connected to play an even more critical and informative role in your preparation.

Advanced Patent Prosecution Workshop 2012: Claim Drafting & Amendment Writing: New York, July 19-20, 2012; San Francisco, August 20-21, 2012 – In this advanced two-day program, you will have a unique opportunity to receive hands-on drafting experience under the guidance of experienced patent prosecutors. By working in small technologically-distinct groups, you will receive individualized feedback on claim drafting and amendment writing skills, as well as learn practical techniques for avoiding prosecution pitfalls. Guidance will be provided on the America Invents Act and its implementation by the Patent and Trademark Office, including the new post-grant review and inter partes review systems. Course material will include sample problems and model solutions.

(NY) Prior Art, Obviousness, and the America Invents Act in 2012: July 23, 2012 – This program will allow you to obtain an essential working understanding of this complicated statute, including recent re-interpretations, case law, and explore the statutory revisions.  Meanwhile, obviousness, the most common reason any application is rejected or patent held invalid, is changing as a result of KSR (already 5 years old). Explore 103 from inside and outside the PTO as both the CAFC and PTO try to shoehorn their past decisions into a KSR pigeonhole!

Patent Docs: Top Biotech/Pharma Patent Stories of 2011

We are pleased to share the latest from our friends at PatentDocs.org, the Biotech and Pharma Patent Law and News Blog. The authors, Donald Zuhn and Kevin Noonan, are partners at McDonnell Boehnen Hulbert & Berghoff, LLP, and contribute to Patent Docs on a daily basis. Today’s post comes from Patent Docs’ fifth annual list of the top biotech/pharma patent stories covered by Patent Docs in 2011. These stories were selected based on their potential to have the greatest impact on biotech/pharma patent practitioners and applicants.

Below is the post that covers the stories ranked numbers 12- 10. For access to the entire list of the top biotech/pharma stories of the past year, click here. (more…)

TiVo vs. Dish at the Federal Circuit: Examining TiVo’s Brief

Written by Gene Quinn ( of IPWatchdog and Practice Center Contributor)

Several weeks ago TiVo filed its brief in the matter of Tivo, Inc. v. EchoStar Corp., which will be hearden banc by the United States Court of Appeals for the Federal Circuit on Tuesday, November 9, 2010. The dispute between TiVo and EchoStar dates back to 2004 when TiVo sued EchoStar in the United States District Court for the Eastern District of Texas, alleging that its receivers infringe “hardware” claims (claims 1 and 32) and “software” claims (claims 31 and 61) of US Patent No. 6,233,389. The jury found there was willful infringement and the district court entered an injunction ordering EchoStar to cease infringing. It is this injunction that now is at the root of the dispute to be heard by the Federal Circuit. TiVo did not believe EchoStar lived up to the Order of the district court. The district court, seemingly out of an abundance of caution, decided not to utilize its summary contempt powers but held a year long proceeding to determine if infringement was ongoing. The district court found EchoStar was violating the injunction Order and acted accordingly. EchoStar appealed and argued that only a full patent infringement trial would suffice. The panel sided with TiVo over a strong dissent by Judge Rader, now Chief Judge of the Federal Circuit, who felt the summary proceedings were inadequate. For more see Looking Ahead to TiVo v. Dish at the Federal Circuit. So as the full Federal Circuit hears this case it is anticipated that the inherent powers of a district court to enforce their own Orders and administer justice will be front and center.

On September 10, 2010, TiVo, by and through their attorneys at Wilmer Cutler Pickering Hale & Dorr, filed their Brief for Rehearing En Banc with the Federal Circuit. The opening paragraph of the Introduction sets an ominous tone: (more…)