WIPR and BSKB present: Obviousness in PTAB Trials for Chem/Pharma/Bio Patents

Challenging patents involving unpredictable technologies for obviousness is particularly difficult due to the well-established factor of “reasonable expectation of success” and the related KSR factor of “limited number of predictable solutions”. This webinar, presented by attorneys that have successfully argued on both sides of this issue for chem/pharma/bio patents, will discuss two to three leading PTAB decisions, including related appeals, that illustrate when obviousness challenges have and have not been successful. The case discussions will provide (1) a summary of the documentary evidence relied on, including critical excerpts from that evidence, (2) a summary of the “story” that was being told by each party and (3) the role that expert testimony appeared to play in the PTAB decisions. This one-hour seminar will also briefly explore what types of cases are better challenged in court and what types of cases are better challenged at the PTAB. The goals of the seminar are to allow parties to evaluate the chances of success for a contemplated or recently filed PTAB challenge and to help parties to a PTAB proceeding develop a record to support their respective positions. CLE available.