This program will examine the balance between 35 USC § 112 and 35 USC § 121, and their interplay in the context of single claim restriction requirements and restriction practice as it relates to Markush claims

Many practitioners believe the U.S. Patent and Trademark Office (USPTO) goes too far in its routine practice of single claim restrictions in chemical and biotech cases in contravention of current case law on the practice.  To that end, the program will also address what tactics can be used during prosecution to avoid this pitfall. 

Thomas L. Irving, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

Orlando Lopez, Partner, Burns & Levinson LLP,  Boston, MA

Robert D. Titus, Eli Lilly, Indianapolis, IN

Keisha Hylton-Rodic (Moderator),  Associate, Drinker Biddle & Reath LLP, Washington, DC

States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.

ABA live webinars and teleconferences ordinarily receive CLE credit in AL, AK, AR, AZ, CA, CO, DE, FL, GA, GU, HI, IA, ID, IL, KY, LA, ME, MI, MN, MO, MT, NH, NM, NY, NC, ND, OK, OR, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, WV, and WY.

The ABA does not seek direct accreditation of live webinars and teleconferences in IN, KS, NE, NJ, OH, and PA.

The ABA will seek credit for this program in the states indicated on this page.   The ABA will seek 1.5 hours of general CLE credit in 60-minute-hour states and 1.8 hours of credit in 50-minute-hour states.  Credit hours granted are subject to approval from each state.  Click here to view a list of 60- and 50-minute-hour states.

Special rules apply to New York-licensed attorneys as follows:

New York: This non-transitional CLE program is approved for experienced NY attorneys in accordance with the requirements of the New York State CLE Board for 1.5 New York CLE credits. Newly admitted attorneys may not earn New York credit for this non-transitional CLE program.

All attorneys may click here to view additional MCLE information for your jurisdiction

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