Bejin Bieneman hosts a monthly B2 IP Webinar series that covers an array of topics relating to U.S. patent practice. The typical structure of the webinar consists of one attorney who presents on a topic that is prevalent to the intellectual property law world. Throughout the webinar, attendees are free to ask questions using the chat feature of the WebEx program. The presenter opens up the floor at the end to any additional questions or comments. Once the webinar is complete, the recording of the series is then made available on our YouTube channel.
Design Patents: Procurement, Enforcement, and Recent Case Law
Sept. 24, 2020
In this webinar, Bejin Bieneman’s Mark St. Amour provides an overview of the benefits and overall fit of design patents in an intellectual property portfolio, the design patent application and prosecution process, and the enforcement of rights provided by a design patent. Throughout the presentation, recent rulings related to the various facets of these topics are discussed.
Update on § 101 – When Are Mechanical Inventions Ineligible and What If the USPTO’s Eligibility Guidance Deviates From the Case Law?
Aug. 27, 2020
Bryan Hart and Charlie Bieneman provide an update on some very current developments in § 101 practice. Our discussion includes the following: – The Federal Circuit’s recent modification of its decision, and denial of en banc review of that decision, holding claims ineligible in American Axle & Manufacturing v. Neapco Holdings, raises concerns that many mechanical inventions could be held ineligible. We explore how to address these concerns in patent prosecution and litigation. – How the USPTO has implemented its January 2019 patent-eligibility guidance which refines application of the well known two-part Alice/Mayo patent-eligibility test. In Cleveland Clinic Foundation v. True Health Diagnostics LLC (April 2019), the Federal Circuit declined to defer to USPTO guidance. We explore selected recent PTAB decisions to illustrate that the USPTO’s new (as of January 2019) approach to patent-eligibility may not be consistent with the Federal Circuit’s approach, and consider practice tips to use the USPTO’s guidance while at the same time promoting consistency with the Federal Circuit’s application of the patent-eligibility test.
Corporate Best Practices To Avoid Willful Infringement
July 23, 2020 12pm
The webinar focuses on best practices to reduce risk for enhanced damages under Halo Electronics v. Pulse Electronics. The webinar discusses and analyzes post-Halo district court decisions related to willful infringement and enhanced damages. The webinar addresses what role willful blindness has in a finding of willful infringement. Further, the webinar discusses corporate best practices for both pre- and post-litigation conduct to reduce risk for willful infringement and enhanced damages. Finally, this webinar discusses best practices for both pre-litigation and post-litigation conduct to reduce risk for attorney’s fees. Presented by Tom Bejin and Nathan Smith
Software Patents – Going Beyond Alice and Williamson
Jun 18, 2020
Caselaw Update for Patent Preparation and Prosecution
May 21, 2020 12pm
Several recent decisions by the Federal Circuit and the PTAB lend themselves to practical application during the preparation and prosecution of patent applications. This 60-minute webinar presented by Chris Francis will explore these recent decisions and discuss their potential application during both the preparation of a patent application and prosecution at the USPTO. The recent decisions that will be discussed cover the following topics:
- The effective use of declarations to present objective indicia of non-obviousness as discussed in two ex parte PTAB decisions designated as informative and a recent Federal Circuit opinion
- Design choice as discussed in two ex parte PTAB decisions designated as informative
- Obviousness based on “general knowledge” at the Federal Circuit
- Claim interpretation issues including disavowal
Data Privacy and Private Action
April 23, 2020 12pm
David Hannon and Mike McCandlish discuss emerging types of data privacy claims, with a focus on the types of claims based on the use of data.
Update on Trade Secret Law
March 19, 2020
The Defend Trade Secrets Act became law in 2016, for the first time providing a federal cause of action for trade secret misappropriation. Bryan Hart will provide an update on how the DTSA has worked in practice since its enactment. Has the DTSA promoted harmonization of trade secret law? How have courts interpreted its provisions? This webinar will also cover how to decide whether trade secret or patent protection is better for an idea.
Patent Law 2020: Understanding the Critical Issues and Best Practices in an Ever-Changing Patent Law Environment
- Discuss best practices for preparing and prosecuting patent applications in light of the USPTO’s updated guidance and procedures.
- What is the future of the Patent Trial and Appeals Board (PTAB) following the Federal Circuit decision deeming PTAB judges were unconstitutionally appointed?
- Discuss recent Supreme Court and Federal Circuit decisions.
PTAB Practice: Recent Developments in Estoppel
Preparing and Prosecuting Functional Claims
October 23, 2019
There continues to be a dramatic impact on the interpretation of functional claim terms after the Federal Circuit decision in Williamson v. Citrix Online L.L.C. Since means-plus-function claiming can be utilized in almost every field of innovation, patent practitioners need to weigh the pros and cons of such claims as well as how to draft those claims in a way that provides optimal protection.
This 60-minute webinar will discuss the benefits and risks involved with using functional claims and/or means-plus-function claims as they relate to potential litigation and inter-partes reviews before the PTAB. You’ll also hear best practice advice for leveraging §112(f) and functional claims for maximum patent protection. Presented by Tyson Benson.
Patent preparation and prosecution: Best practice before the USPTO (Part 2 of 2)
Secret Sauce for Patent Prosecution
Definiteness and Damages: Developments in Design Patent Law