Matthew Fedowitz and Phil Hirschhorn, Shareholders in the firm’s Intellectual Property section, and Christopher Cherry, Associate, will present a 90-minutes Strafford CLE webinar titled “Secondary Considerations at the PTAB: Combating Obviousness Challenges, Establishing Nexus.” The webinar will guide patent counsel on the use of secondary considerations at the Patent Trial and Appeal Board (PTAB). The panel will examine what works and what does not when seeking to defeat validity challenges. The panel will also review Federal Circuit decisions addressing secondary considerations evidence presented in an IPR trial and offer best practices for arguing secondary considerations at the PTAB.
The panel of patent litigators examines AIA trials at the PTAB where secondary considerations were deemed to be persuasive in defeating obviousness challenges and other trials where secondary considerations were deemed unpersuasive. The panel will discuss the trends observed from both successful and unsuccessful attempts. The panel will also review Federal Circuit decisions addressing secondary considerations evidence in AIA trials and offer best practices for arguing secondary considerations at the PTAB.