Blocking Patents: Impact of Acorda Therapeutics on Obviousness Analysis
Non-Obviousness and Commercial Success, Cross Licensing, Searches
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will discuss the expanded doctrine of blocking patents. The panel will discuss the Acorda decision and secondary considerations. The panel will also address how the decision impacts the obviousness analyses, licensing, and invalidity/validity/opposition searches.
Outline
- Acorda Therapeutics v. Roxane Labs. (Fed. Cir. 2018)
- The expanded doctrine of patent blocking
- Impact of expanded doctrine
- On obviousness analysis
- On the use of searches
- On cross-licensing
Benefits
The panel will review these and other key issues:
- How does the Acorda decision change the playing field for blocking patents?
- What impact does the expanded doctrine of blocking patents have on the obviousness analysis?
- What steps can patent counsel take to overcome the notion of the hypothetical researcher whose concern about infringing on a prior patent would deter him/her from commercial success?
Faculty
Mark Kachner
Partner
Knobbe Martens
Mr. Kachner's practice focuses on litigation, client counseling, and licensing intellectual property assets. He has... | Read More
Mr. Kachner's practice focuses on litigation, client counseling, and licensing intellectual property assets. He has litigated cases involving a wide range of technologies and products, including medical devices, consumer electronics, telecommunications, and chemical compounds, among others. Mr. Kachner is a frequent author and lecturer on intellectual property legal issues.
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Sarah A. Kagan
Atty
Banner & Witcoff
Ms. Kagan works with firm clients to create intellectual property to protect biotechnology inventions. She enjoys... | Read More
Ms. Kagan works with firm clients to create intellectual property to protect biotechnology inventions. She enjoys working with diverse client types, including individual inventors, academic institutions, nonprofit foundations, start-up biotechnology companies, established biotechnology companies, and pharmaceutical companies. Each of these has unique business issues and goals that require distinct legal strategies. Ms. Kagan has worked to help develop extensive patent portfolios, both diagnostic and therapeutic, based on scientific work in areas such as cancer genetics and molecular biology techniques.
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Kevin E. Noonan, Ph.D.
Partner
McDonnell Boehnen Hulbert & Berghoff
Dr. Noonan's practice involves all aspects of patent prosecution, interferences, and litigation. He represents... | Read More
Dr. Noonan's practice involves all aspects of patent prosecution, interferences, and litigation. He represents pharmaceutical companies both large and small on a myriad of issues, as well as several universities in both patenting and licensing to outside investors. Dr. Noonan also has over 20 years of experience as a molecular biologist, and is a founding author of the Patent Docs weblog, which focuses on biotechnology and pharmaceutical patent law. He has also filed amicus briefs to district courts, the Federal Circuit and the Supreme Court involving patenting issues relevant to biotechnology.
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