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John Covert

is a director in Sterne Kessler’s Biotechnology & Chemical Practice Group. His practice is focused on technologies that involve organic chemistry, such as pharmaceuticals, coatings, fuels, lubricants and pesticides. John is experienced in a number of interdisciplinary areas, including computer-aided drug design, combinatorial chemistry and medical devices. He provides counseling with regard to patent portfolio strategy and management with issues that range from licensing, collaborations and technology acquisitions, to patent validity, infringement and design around strategies.

Recent Articles by John Covert

Has Ex Parte Sauerberg Gutted the Patent Act’s Safe Harbor Provision?

This article concerns the impact of Ex Parte Sauerberg, a 2017 Patent Trial and Appeal Board (PTAB) decision, on the safe harbor provision of 35 U.S.C. § 121.  We address whether Sauerberg is consistent with Federal Circuit law and decades of U.S. Patent and Trademark Office (USPTO) practice, and discuss implications for practitioners. Section 121 is designed to address potential unfairness that may arise from the interplay of two common aspects of patent prosecution practice.