The Impact of Patent Construction - How to Prove Infringement and Validity (London, United Kingdom - May 15, 2018)

  • ID: 4435950
  • Conference
  • Location: London, United Kingdom
  • 1 Day
  • Management Forum
  • Conference Dates: May 15, 2018
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Course Overview

This seminar provides a comprehensive overview of the principles of patent claim interpretation in the USA, UK and Germany, a comparison and explanation of the varying approaches for determining when a patent claim that does not literally describe an accused system is nonetheless infringed. As well as exemplary fact scenarios with comparisons of the USA, UK and Germany approaches to claim construction and validity determination.

This seminar will:

  • Examine the principles of claim construction in the three jurisdictions
  • Contrast the doctrines of equivalents and purposive construction
  • Analyse validity requirements
  • Illustrate the major issues with panel discussion, comparative examples and case studies
Why you should attend

This seminar provides:

  • A comprehensive overview of the principles of patent claim interpretation in the USA, UK and Germany
  • A comparison and explanation of the varying approaches for determining when a patent claim that does not literally describe an accused system is nonetheless infringed.
  • Exemplary fact scenarios, with comparisons of the USA, UK and Germany approaches to claim construction and validity determination
  • Recommendations for both litigating patents and preparing patent applications
  • Provision for participants to ask questions and discuss individual concerns through the day

Please note, events may be cancelled due to commercial or organisational reasons. In this case Research and Markets will refund all registration fees which have already been paid. Research and Markets will not refund any charges arising from the participant having to cancel or re-book transportation or accommodation which he or she has arranged.

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1. Patent claims construction generally

A. In the USA

  • Inherent ambiguities of the ‘All Elements Rule’
  • Use of intrinsic and extrinsic evidence
  • Counterintuitive interpreations of ‘means for’ claims

B. In the UK

  • Interpreting the claim in the context of the specification and the art
  • The literal or primary meaning of the claim or integer
  • Purposive construction, as defined in Catnic and restated by the House of Lords in Amgen in 2004.
  • Any resideual relevance of the guidelines in Improver?
  • Compliance with EPC Article 69 and Protocol

C. In Germany

  • No claim construction below wording
  • ‘Purposive construction’ as part of literal wording
  • Meaning of ‘Means’ in claims and specification
  • Relationship between claims and specification

II Doctrines of equivalents and purposive construction

A. In the USA

  • Sub-tests for determining equivalents
  • Counterweights to ‘equivalence’
  • Vitiation
  • Prosecution history estoppel and its variants

B. In the UK

  • The effect of Amgen: How simple is the approach; are judges given any structured approach at all?
  • Continuing significance of ‘variants’ in slower-moving technologies?
  • Material considered by the court
  • Expert evidence
  • Compliance with EPC Article 69 and Protocol

C. In Germany

  • Expert evidence, admissible evidence
  • No Prosecution history estoppel
  • The ‘Formstein’ estoppel
  • Latest Supreme Court decisions on Equvalents (Permetrexed and Wärmetauscher)

VALIDITY ANALYSIS

A. In the USA

  • Four-part nonobvious analysis after KSR and the AIA
  • Reliance on the specification to construe the claims and avoid the art
  • Traps for European specifications filed in the USA

B. In the UK

  • Construction and the four-step ‘Pozzoli’ test for obviousness
  • Relevance of purposive construction to insufficiency analysis

C. In Germany

  • Split infringement/invalidity proceedings
  • Requirements for combination of documents

IV COMPARATIVE EXAMPLES AND CASE STUDIES

  • Presentation and panel discussion on the construction, infringement and validity of granted patents: comparative analysis and case studies
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  • Patent Professionals in private practice, including patent attorneys and lawyers
  • Heads of IP, Heads of Patents and in-house patent counsel at every level
  • Patent Engineers and inventors
  • All whose responsibilities include th need to understand the scope of patent coverage in USA, UK and Germany
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ADDRESS

Rembrandt Hotel
11 Thurloe Pl,
Kensington
London
SW7 2RS
United Kingdom


DIRECTIONS

The Rembrandt Hotel is located at 11 Thurloe Place, London, SW7 2RS. The hotel’s location in central London couldn’t be better, whether you’re travelling for business or leisure. You’ll be right between two of London’s most fashionable areas – South Kensington and Knightsbridge – within walking distance of museums, theatres, Harrods and Hyde Park.

You can hop on the Tube at South Kensington and take the District, Circle or Piccadilly lines direct to the City of London, Heathrow Airport and all other areas of the city. Look out of your window and you may well see the Victoria and Albert Museum – it’s right across the street.

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