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Description: The program will discuss the enablement standard under §112(a) with respect to broad, functional genus claims, and provide an overview of Federal Circuit precedent, with a focus on what qualifies as “undue experimentation.” We will seek to reconcile potential inconsistencies in the Federal Circuit’s application of the Wands factors and provide best practices to both patent prosecutors and litigators in light of the current law. We will also discuss the pending petition for cert in the Amgen v. Sanofi case and deliberate on how the Supreme Court might rule.
Presenter Bios
Jessica H. Zafonte is a member of the firm’s Litigation and Intellectual Property Groups who focuses her practice on both patent procurement and enforcement.
Jessica’s broad procedural knowledge base is driven from years of experience litigating complex patent cases in Federal courts and before the ITC and PTAB, as well as representing clients before the USPTO as a registered patent agent.
Jessica’s practice also focuses on the transfer of intellectual property rights and she routinely evaluates the scope, validity and enforceability of patent rights for clients ranging from individual inventors to large international companies. Jessica regularly counsels’ clients on patent-related issues across technical areas including the pharmaceutical, medical, electrical, and mechanical arts, as well as the computer hardware/software space.
Prior to joining CSG Law, Jessica routinely analyzed, drafted, and argued on issues of patent infringement, invalidity, damages, and claim construction. In these roles, Jessica managed large- and small-scale litigations where she developed creative legal strategies and implemented successful and cost-efficient discovery.
Jessica received her J.D. from Brooklyn Law School and earned her B.A. in Biology from Lafayette College.
Joseph V. Saphia is a member of the Litigation and Intellectual Property Groups, and Head of the Life Sciences Group. Joseph’s practice focuses on patent prosecution and intellectual property litigation.
With an educational background in pharmacy and pharmacology and over twenty years of experience representing technology start-ups, international pharmaceutical, medical device, and consumer goods companies, Joseph brings a business-oriented approach to his legal practice. In addition to patent and trademark litigation, Joseph has prosecuted patents and authored opinions of counsel in various technical fields including chemical compounds, pharmaceutical formulations, methods of treatment, biological products, methods of producing biologics, genetically modified plants, methods used in genetic modifications, medical devices, food products, manufacturing processes, electrical devices, software systems, and graphic user interfaces.
Joseph received his J.D. from St. John’s University School of Law and earned both a B.S. in Pharmacy and M.S. in Pharmaceutical Science from St. John’s University College of Pharmacy.
Donald (“Bob”) R. Bunton is a registered patent attorney, focuses his practice on intellectual property litigation with a focus on patent and trade secret cases. In the patent arena, he has worked on district court litigation involving a variety of patents including complex computer hardware patents, patent case appeals before the Federal Circuit, and Inter Partes Review (IPR) actions before the Patent Trial and Appeal Board.
Bob has extensive experience with drafting and prosecuting patents, preparing design patents, creating invalidity analyses and conducting patent due diligence studies. Bob’s background in electrical and software patents in the robotics field has led him to overcome numerous §101 rejections in software/computer implemented method cases.
Prior to joining CSG, Bob served as an attorney for intellectual property boutique firms, representing clients on patent, trademark, and copyright issues.
Bob earned his J.D., magna cum laude, from University of Illinois College of Law, where he served as an Analyst for their Office of Technology Management. In this role, he researched patentability of invention disclosures and market trends and advised on intellectual property protection. He received his B.S. in Aerospace Engineering from University of Illinois at Urbana-Champaign.
 | | Practice Areas: | | Complex Litigation, Intellectual Property Law, Litigation & Appeals | | | Online Media Type: | | Video | | | Production Date: | | 09/09/2022 12:00 PM EDT | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
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