August 3rd CLE: Advanced 112(f): A Means for Winning for Patent Litigators and Prosecutors
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):
- Both sides should apply 112(f) to method steps more often
- Both sides should apply 112(f) in life-sciences claims more often
- Patent owners should assert 112(f) as a shield against an Alice/Mayo attack
- Defendant should argue a genuine ambiguity over application if 112(f) violates 112(b).