Obviousness Case Study
Assessing Secondary Considerations in Light of Blocking Patents Post-Acorda
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
