Workshop: How to Craft, Draft, and Prosecute Patents That Win at the Federal Circuit
Patent Workshops are designed specifically for patent practitioners with up to three years of patent experience. Each attendee will actually compose and prosecute a patent application to issue in his or her chosen technology (chemical, mechanical/electrical or biotechnology), based on a disclosure and Office actions carefully created by Professors Kayton and Gardner.
The number of patent applications filed each year in the USPTO, and the number of patents that issue and become the subjects of disputes are rapidly increasing. These disputes must be resolved (settled or litigated), of course, based on Federal Circuit case law. Unfortunately, the Federal Circuit’s case law in recent years has been inconsistent and confusing in many areas, particularly those regarding claim construction and the requirements of §112, ¶1.
As a consequence, a rapidly growing number of patent claims litigated in recent years have been either unduly narrowly interpreted, and therefore held to be not infringed, or held to be invalid for lack of written description or enablement support. In many such cases, the Federal Circuit has laid the blame for the negative outcomes squarely on the shoulders of the practitioners who prepared or prosecuted the applications, rather than on the court’s own inconsistent case law. Professors Gardner and Kayton have originated a rigorous model of ex parte practice that results in efficient and expeditious preparation and prosecution of patent applications that neutralizes the effects of the conflicting and confusing opinions of the Federal Circuit, opinions that have become the subject of ridicule among many federal district court judges and several of the Federal Circuit's own sitting judges. Firms and corporations that send their patent practitioners to this Workshop will benefit enormously from the enhancement of the attendees' competence and efficiency provided by this course. In addition, the law firms and corporations will realize significant financial savings by freeing senior in-house practitioners from much of the time-consuming need to conduct on-the-job training of their less experienced practitioners.
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