Foley attorneys Ric Henschel and Phil Kiko will be speaking at the 15th Forum on Biotech Patenting on September 23-24, 2008 in London.
Henschel will participate in a discussion titled “Obviousness Determinations After KSR v Teleflex.” Kiko will participate in a discussion titled “Implications and Status of the Patent Reform Act.”
Obviousness Determinations After KSR v Teleflex
Rouget F. (Ric) Henschel, Partner, Foley & Lardner
Topics include:
- In-depth review of KSR v Teleflex
- Federal Circuit case law post KSR
- Developments in gene sequence claims: In re Kubin
- Can the USPTO Board “over rule” In re Deuel?
- Will In re Kubin survive the Federal Circuit appeal?
- Obvious to try standard revived
- Broad scope suggested by KSR
- The Federal Circuit’s reaction
- Re-emphasis on Graham v Deere factors
- Scope and content of prior art
- Difference between prior art and claimed invention
- Level of ordinary skill in the art
- Objective indicia of non-obviousness
Implications and Status of the Patent Reform Act
John Whealan, Associate Dean for IP Law
George Washington University Law School
Former Counsel to the Senate Judiciary Committee and former
Deputy General Counsel for IP Law and Solicitor USPTO
Phil Kiko, Of Counsel, Foley & Lardner
Former General Counsel/Chief of Staff House Judiciary Committee
Former Deputy Chief of Staff/Counsel House Committee on Science
Topics include:
- Understanding the US Congress legislative process and the role of the lobbyist
- Genealogy of the Patent Reform Act from start to today
- Reviewing the major issues of the Patent Reform Act – where does disagreement appear to remain?
- Identifying possible scenarios for the passage of the Patent Reform Act in the next 6 to 18 months
- Examples of opportunities to “tweak” a bill