Using Interferences to Your Advantage: Sky Radio Network Interviews Dr. James Kelly
Oblon, Spivak has one of the leading Interference practices in the nation. Dr. James Kelly, one of the firm's partners focusing on chemical and biotechnology patent prosecution, was interviewed by Sky Radio Network's "Bio-Tech Beat" about Interference proceedings and how to use them to your company's advantage. If your company is successful, your competitor's patent or patent application will be determined as not patentable, which then gives your company the opportunity to file and hopefully obtain a patent in the same area to enhance your position in the market-place over your competitor's. Another advantage is that Interference proceedings are generally much less costly than district court infringement cases, saving your company a great deal of money. This interview aired on American and Northwest Airlines during the month of October 2003 and on United Airlines during the months of November and December 2003.
Listen to the interview
Alexandria, Va. - Dr. James Kelly, a chemical and biotechnology patent prosecutor at Oblon, Spivak, McClelland, Maier & Neustadt, P.C., will be featured on several major airline in-flight news segments this year discussing patent interference proceedings and how companies can use them to their advantage. He will appear on American and Northwest Airlines during the month of October 2003 and on United Airlines during the months of November and December 2003. "An interference is a litigation that is conducted in the Patent Office after it determines that a patent application interferes with the subject matter of another party's application or patent, to decide who invented it first. Companies can use this strategically as a weapon against a competitor; one way would be to define a patent claim to specifically cause an interference, putting the competitor's application or patent at risk. If the interference is successful, the competitor is left with an unenforceable patent or application. The company can then obtain the patent, enhancing their position in the marketplace," said Dr. Kelly. "Another benefit is that an interference proceeding can cost 1/5 to 1/10 less than a district court infringement case, and a settlement can keep the cost down even more." Dr. Kelly is available to discuss further strategies that companies can consider when building a patent portfolio. Assisting clients for more than 35 years, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., in Alexandria, Va., is one of the largest intellectual property specialty firms in the United States. The firm provides a full range of intellectual property services, including litigation matters in all courts. The firm also continues to be unmatched in its handling of transactional matters relating to intellectual property.