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What's the Trick?  Making Effective Use of Objective Evidence in IPRs, Patent Prosecution, and Litigation.  Original air date 6/8/16.

Objective evidence of nonobviousness such as commercial success, long-felt and unmet need, failure/skepticism of others, industry acclaim, unexpected results, and copying may be the "most probative and cogent evidence of nonobviousness in the record." So why are patent owners not more successful using it in litigation and in the PTO?

For example, patent owners often submit objective evidence of non-obviousness in inter partes reviews (IPRs). But the patent owners' success rate with this type of evidence is extremely low, often because the PTAB decides that the patent owners have not shown sufficient nexus between the objective evidence of nonobviousness and the claimed invention.

This webinar will examine case examples from the courts, the PTAB, and prosecution on the successful and unsuccessful use of objective evidence of nonobviousness and will discuss how the necessary link between the evidence and the merits of the claimed invention may be made.  The speakers will also discuss developing and using objective evidence of nonobviousness during prosecution to increase the likelihood of success in later proceedings.

Speakers:  Tom Irving and M. Paul Barker of Finnegan Henderson Farabow Garrett & Dunner, LLP.