B2 IP Webinars

Christopher Kilner will discuss U.S. Patent Office practice relating to restrictions, double patenting rejections, and lack of unity in PCT and National Phase applications. Christopher will also discuss best practices for responding to these issues before the Patent Office, including various options for traversing restrictions.

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In this two-part webinar, Bryan Hart and Mark St. Amour will discuss best practices for drafting patent applications and pursuing those applications in front of the Patent Office, from inventor interviews to office action responses. Bryan covered drafting in February’s Part I, and Mark will cover prosecution in Part II.

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In this two-part webinar, Bryan Hart and Mark St. Amour discuss best practices for drafting patent applications and pursuing those applications in front of the Patent Office, from inventor interviews to office action responses. Bryan covers drafting in February’s Part I, and Mark covers prosecution in Part II.

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Bryan Hart will discuss recent developments relating to assignments of patent rights from employee inventors to employers, particularly issues arising when the employee inventors leave. The webinar focuses on key takeaways for drafting assignments based on the Federal Circuit’s decisions in Omni MedSci v. Apple and Bio-Rad v. 10X Genomics and the Supreme Court’s decision in Minerva v. Hologic.

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Charlie Bieneman will discuss recent developments in the law of patent-eligibility under 35 U.S.C. § 101, focusing mainly on computer-implemented inventions. In the years since the Supreme Court decided Alice Corp. Pty. Ltd. v. CLS Bank Int’l. in 2014, we all have gotten used to the 2-part eligibility test – and we have gotten used to being frustrated with its inconsistent and subjective application by courts and the USPTO. But this does not mean that the law of patent-eligibility has stood still. This webinar will rehash as little old ground as possible, and will focus on decisions by the Federal Circuit within the last year or two, and recent developments at the USPTO, to understand how practitioners should approach patent-eligibility in 2022.

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Peter Keros discusses recent developments in copyright law, including the Supreme Court’s long-anticipated decision in Google v. Oracle. The discussion will cover the analysis of the four-factor fair use test performed by the court and the potential changes to copyright law that could arise from this decision.

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Bryan Hart discusses the assignment of rights in patents and patent applications, focusing on pitfalls and best practices for handling employee inventors as well as assignments between companies. The discussion will cover interactions with the Patent Office, control of prosecution, the effects of registering assignments, and patent standing.

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In this webinar, Bejin Bieneman’s David Hannon discusses new procedures to challenge US trademark registrations which are set to be available later this year. David also discusses the current legal principles related to allegations of non-use of a trademark and practical implications of the new procedures.

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In this webinar, Bejin Bieneman’s Thomas Bejin and Peter Keros will provide an update on recent decisions from the Patent Trial and Appeal Board. The discussion will include Supreme Court and Federal Circuit review of PTAB decisions on Inter Partes Reviews, including issues that can be appealed, discretionary denial of institution, and the role of general knowledge for obviousness rejections. The discussion will further include tips for incorporating the lessons from these decisions into prosecution practice.

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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.

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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.

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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

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The webinar offers a set of practice tips for drafting software and electronics patent claims not just to avoid legal pitfalls under § 101 and § 112, but to make patent prosecution more efficient, and patent claims stronger. We look not just at Federal Circuit decisions, but also at cases from the PTAB to extract a set of practical guidelines for drafting functional claim language – when functional claiming is unavoidable. Presented by Charles Bieneman

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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

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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.

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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.

Presentation Slides

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The past several years have brought myriad changes to patent law – including new legislation, new USPTO guidance and procedures, and increased Supreme Court activity.

In this 60-minute webinar, Tyson Benson discusses the critical issues and the best practices in light of these changes to patent law.

Topics include:

• 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.

Presentation Slides

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There are a wide range of estoppel issues that may be triggered under the America Invents Act (AIA) as a result of proceedings before the Patent Trial and Appeal Board (PTAB). These estoppel issues complicate decision making in pursuing parallel proceedings at the PTAB and in district court. This 60-minute webinar will review estoppel provisions in the AIA, discuss recent developments in the law related to estoppel, and discuss some of the practical implications of the caselaw. Tom Bejin of Bejin Bieneman PLC and Eileen M. Herlihy of Leber IP Law will present.

Presentation slides

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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.

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Patent preparation and pr… Christopher Francis and Charles Bieneman conduct Part Two of a two-part webinar to discuss best practices for preparing, and then prosecuting, patent applications at the USPTO. The presentation dives underneath the basic legal requirements to provide adequate written description and enablement of claimed subject matter. Mr. Francis and Mr. Bieneman discuss not just how to satisfy those legal requirements, but how to create a patent application that prevents a patent examiner from dragging out or confusing patent prosecution. The presentation then reviews strategies for responding to patent examiners that make prosecution more efficient – and create a better record for future enforcement or invalidity proceedings.

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Christoper Francis and Charles Bieneman conduct a two-part webinar to discuss best practices for preparing, and then prosecuting, patent applications at the USPTO. The presentation dives underneath the basic legal requirements to provide adequate written description and enablement of claimed subject matter. Mr. Francis and Mr. Bieneman discuss not just how to satisfy those legal requirements, but how to create a patent application that prevents a patent examiner from dragging out or confusing patent prosecution. The presentation then reviews strategies for responding to patent examiners that make prosecution more efficient – and create a better record for future enforcement or invalidity proceedings.

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The February webinar is presented by Bryan Hart, Associate at Bejin Bieneman, who discusses recent developments related to design patents. In particular, Mr. Hart discusses the Federal Circuit’s decision in In re Maatita in August and the Supreme Court’s decision in Samsung v. Apple in 2016. In re Maatita dealt with how the standard for definiteness applied to design patents. Samsung v. Apple dealt with damages in design patent cases; Mr. Hart will surveys district court cases since Samsung.

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