Original air date: March 30, 2016. Patent Prosecution from a Litigator's Viewpoint: Position Your Patent to Succeed in Litigation and Post-Grant Procedures
Long-time litigators
Tom Irving of Finnegan Henderson Farabow Garrett & Dunner, LLP, and
Robert Sloss of Procopio Cory Hargreaves & Savitch, LLP, present a dynamic program to show you how to avoid mistakes in patent prosecution and prepare your patent to withstand potential future litigation and the AIA’s new post-grant
procedures. Tom will, in his words, “do his level best” to teach you fundamentally sound principles to prepare and prosecute United States applications according to best practices, to obtain claims that should have enhanced chances of survival when challenged under AIA’s IPR and/or PGR post-grant proceedings. It is a sobering fact that a great percentage of all patent claims challenged in IPR proceedings to date have been held unpatentable and ultimately will be cancelled, barring appellate reversal. At the same time, since the ultimate goal of most patents is to have the potential to be successfully enforced, in court if necessary, Bob will describe the hurdles litigators face in explaining complicated patents to technology-phobic judges and juries and will provide suggestions on how patent claims can be written to be better understood by non-engineers.