Past Webinars

  • Recorded Webinar from July 18, 2019
Not So Obvious: Secondary Considerations at the PTAB

Please join Fitch, Even, Tabin & Flannery for a free webinar, “Not So Obvious: Secondary Considerations at the PTAB,” on Thursday, July 18, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12 noon EDT.

Objective evidence of non-obviousness can overcome a prima facie case of obviousness, both in district court litigation and at the Patent Trial and Appeal Board. These “secondary considerations” are an important tool that patent owners can use to defeat obviousness challenges. Historically, the PTAB has not often been persuaded by such evidence. But in recent years, patent owners have found some success when presenting compelling objective evidence of commercial success, copying, long-felt need, and other secondary considerations.

During this webinar, our presenters will discuss the following:

  • Developing trends at the PTAB concerning secondary considerations
  • How to insulate your petition from secondary considerations
  • Best practices for patent owners developing evidence related to secondary considerations

Our presenters will be Fitch Even attorneys David A. Gosse and Evan Kline-Wedeen.

Dave has a diverse IP law practice encompassing both the acquisition and the enforcement of patent rights on behalf of his clients, beginning with patent drafting and prosecution and extending to post-issuance proceedings before the PTAB as appropriate. He has substantial pre-trial and trial experience in district court litigation, including multiple jury trials relating to patent infringement, validity, and breach of license. Dave serves as Co-Vice Chair of the AIPLA PTAB Trial Committee.

Evan’s practice includes patent preparation and prosecution, IP litigation, patent post-issuance proceedings, and product clearance and legal opinions. He assists clients in fields including biomedical engineering, mechanical engineering, and material science in the development and protection of their intellectual property rights.

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