KLARQUIST NEWS

August 3rd CLE: Advanced 112(f): A Means for Winning for Patent Litigators and Prosecutors

Published August 17, 2023

 

Klarquist partner John Vandenberg presented Advanced 112(f): A Means for Winning for Patent Litigators and Prosecutors to a large crowd on August 3rd.

John discussed this proposition, and related tips for patent prosecution: both sides in patent litigation under-utilize Sec. 112(f):

  1. Both sides should apply 112(f) to method steps more often
  2. Both sides should apply 112(f) in life-sciences claims more often
  3. Patent owners should assert 112(f) as a shield against an Alice/Mayo attack
  4. Defendant should argue a genuine ambiguity over application if 112(f) violates 112(b).

If you’d like to reference the presentation materials, view the slides and listen to the audio recording.