Recap of "Patent Basics and Current Issues"

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June 20, 2008

Briggs and Morgan attorneys John LunsethGerald HelgetMichael LafaberNelson Capes and Daniel Rosenberg hosted "Patent Basics and Current Issues" in June.

This seminar covered topics related to patent prosecution and litigation, including patent acquisition and protection, patent infringement avoidance, and recent significant changes to patent law and its impact on patent owners. Topics included:

  • Obviousness: A concept recently broadened by the U.S. Supreme Court inKSR Int’l Co. v. Teleflex Inc., new questions exist about what will be patentable in the future, and whether existing patents are now invalid.
  • Inequitable conduct doctrine: Once a plague on the courts, this doctrine was revived in McKesson Information Solutions, Inc. v. Bridge Medical, Inc. Examiner's decisions in one case may need to be disclosed in another.
  • Willful infringement: A new objective standard is applied In re Seagate Technology.
  • Validity of a licensed patent: In Medimmune, Inc. v. Genentech, Inc., the Supreme Court changed longstanding law, holding that a licensee may challenge the validity of a licensed patent by a declaratory judgment action without first breaching the license.