Matt Zapadka and John Dresch to Present Strafford Webinar on Refuting Obviousness With Secondary Considerations

Event Details

AGG Intellectual Property attorneys Matt Zapadka and John Dresch are presenting a Strafford webinar titled “Refuting Obviousness With Secondary Considerations” on September 26, 2024, from 1-2:30 p.m. EDT.

Over the last few years, the Federal Circuit and the Patent Trial and Appeal Board (“PTAB”) have emphasized the importance of secondary considerations. The courts and the Patent and Trial Appeal Board have focused on these requirements, thereby guiding practitioners on how to use secondary considerations for effective rebuttals across varied areas of technology.

Often, the biggest hurdle to proving nonobviousness through secondary considerations is the difficulty of demonstrating a nexus between the proffered evidence and the claimed invention. Counsel needs to understand what the PTAB and courts are looking for in a persuasive secondary considerations argument. When refuting such arguments, a patent challenger should contest the nexus between the evidence and the patent claims at issue. The patent challenger should also consider the probative weight of the patent owner’s secondary consideration evidence to determine if there is sufficient factual support in the record. And patent owners should plan and prepare for these attacks.

The presentation will guide patent counsel on the use of secondary considerations to demonstrate or refute obviousness.

Matt and John will examine what works and what does not when seeking to survive or defeat validity challenges. They will also review recent Federal Circuit decisions and PTAB precedential and informative decisions addressing secondary considerations evidence and offer best practices for arguing secondary considerations.

The webinar will address:

• What are the lessons from recent cases where secondary considerations successfully defeated validity challenges?
• What can be learned from unsuccessful attempts when using secondary considerations?
• How have the federal courts treated secondary considerations in recent cases?

To learn more and register, please click here.