Commercial Success in Patent Litigation
Tuesday, December 20, 2022
10:00am-11:40am PT • 1:00pm-2:40pm ET
Register to attend this event:
To obtain a United States patent, the claimed invention may not be obvious in view of prior art. Whether a claimed invention is obvious often arises during the examination of a patent application by the United States Patent & Trademark Office. After a patent issues, obviousness may again arise as a defense to infringement by an accused infringer in litigation or as a basis for invalidity by a petitioner in post-grant proceedings, such as Inter-Partes Review or Ex Parte Re-examination.
When determining if a patent claim is obvious, four factors are considered: (1) the scope and content of the prior art; (2) differences between the prior art and the claims at issue; (3) the level of ordinary skill in the pertinent art; and (4) secondary considerations, including commercial success, whether the invention addresses long felt but unresolved needs, and failure of others, if any. This program focuses on the commercial success aspect of the fourth factor, and how expert analysis can help demonstrate commercial success or defeat a claim of commercial success.
Reasons commercial success is relevant
- Nexus between commercial success and the claimed invention
- Sales and profits for products covered by the claimed invention
- Importance of market share, market power and other considerations
- Understand when a damages expert might formerly address commercial success
- Understand key commercial success considerations and how to address them
- Understand commercial success case law
Multi-User CPE Policy
Admission to this program includes one CPE certificate for one individual. Any additional listeners requesting CPE must pay a processing fee assessed at the completion of the online CPE survey for this course.
CPE Processing Fees may be bypassed by entering a valid, unused CPE Authorization Code (for single event purchasers) or by logging into BVR's website (for subscribers to BVR's Training Series).
- Prerequisites: Knowledge of Business Valuation
- Program Level: Advanced
- Preparation Required: None
- Delivery Method: Group Internet-Based
- Recommended CPE: 2.0 Credit Hours (Accounting – Technical)
Business Valuation Resources is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of
continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on
the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National
Registry of CPE Sponsors through its website: www.nasbaregistry.org.
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