Obviousness Case Study

Assessing Secondary Considerations in Light of Blocking Patents Post-Acorda

April 30, 2019 2:00pm

Alan B. Clement
Partner
Locke Lord LLP (New York, NY)

Liane M. Peterson
Partner
Foley & Lardner LLP (Washington, DC)

Dennies Varughese
Director
Sterne Kessler Goldstein & Fox (Washington, DC)

  • Reviewing the expanding doctrine of blocking patents relative to secondary considerations
  • Exploring the difficulty of presenting evidence of “negative acts”
  • Considering which party bears the burden of proving the effect of the putative blocking patent
  • Determining how much proof is required to overcome the “solid premise of diminished incentive” when a blocking patent is invoked?
  • Analyzing how the Acorda decision effects the obviousness analysis