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Antitrust Issues in Intellectual Property Law, Second Edition
Judicial decisions regularly look beyond the claims of a patent and explore the "essence" of the underlying invention, even though this is not a standalone legal concept. Understanding the role of a patent's "essence" is therefore indispensable for effective patent practice, whether as a litigator, prosecutor or advisor.
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Closed Captioned.
It is a "bedrock principle" of patent law that the claims of a patent define the invention. Yet time and again, district courts, the Federal Circuit, and even the Supreme Court have disregarded claim language in favor of a concept variously termed the "essence," "gist," "heart" or "thrust" of the invention. This is particularly true in the post-Alice legal landscape. This webinar panel explores the delicate interplay between the "essence" of the invention and the claims of the patent application. The panel will discuss recent decisions where the court looked beyond the claims and focused on the essence of the invention in rendering a decision. The panel will provide practical guidance to litigators analyzing patents and prosecutors drafting patents to best understand and manage the intersection between the essence of the invention and the claims.
This program is in conjunction with our Landslide magazine article "This program is in conjunction with our Landslide magazine article 'IP Strategies for the Red-Hot Digital Health Industry' by Jerry A. Riedinger. Available for reading on the ABA-IPL page.
PT2012LSWOLC
90
12/15/2020 12:00:00 AM
Publications | Book
Antitrust Issues in Intellectual Property Law, Second Edition
Publications | Book
A Comprehensive Patent Practice Form Book: A Practitioner's Guide to Administrative Domestic and International Application Procedure
Publications | Book
Model Jury Instructions: Patent Litigation, Second Edition
Jan
31
Events | Webinar
Demystifying the Patent Cooperation Treaty (PCT) [CC]
CLE 60 min
The purpose of this webinar is to demystify the PCT and help participants become better PCT practitioners. Based on the presenters' own experience and drawing from their recently released ABA-IPL pub…
Jan
09
Events | Webinar
Confidentiality Agreements in View of Federal and State Initiatives on Competition [CC]
CLE 90 min
Implementing the White House's efforts to open labor markets and address abuse of market dominance, the Federal Trade Commission negotiated consent orders against several companies' use of non-compet…
Dec
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Events | Webinar
Ethical Considerations in Litigation Funding: Pros, Cons and Insights [CC]
ETHICS 90 min
The benefits and pitfalls of litigation funding, ethical issues raised by funding and what steps we expect to be taken in this emerging field.