(157a) Kaboom!: Examples of Recent Misadventures in the Patent World

In the Chemical Process Industry, accidents can result from design flaws, equipment failures, inadequate process safety management procedures and human error. Similarly, in the realm of patent disputes, adverse decisions may arise from mistakes made in the drafting of the patent application, the prosecution of the application through the U.S. Patent & Trademark Office (“USPTO”), in litigation before federal district courts, appeals before the U.S. Court of Appeals for the Federal Circuit (“CAFC”) or the U.S. Supreme Court (“SCOTUS”), or in challenges before the still-evolving Patent Trial and Appeal Board (“PTAB”). This presentation will demonstrate some recent examples of such misadventures regarding claim construction, invalidity and infringement, and suggest preventative measures for inventors and technology management professionals.