Chair of Haynes Boone‘s Patent Trials and Licensing Practice Group, David O’Dell brings more than 30 years of experience to his clients’ patent matters. His practice includes participating in inter partes reviews (IPRs), negotiating patent licenses, and preparing and prosecuting patent applications. David has filed more than 150 petitions for IPR, with an institution rate of over 90%, making him one of the most prolific attorneys representing IPR petitioners before the United States Patent Trials and Appeals Board (PTAB).
Clients benefit from David’s deep technical experience, including in the areas of semiconductor processing, circuit design, computer software and hardware, and telecommunications. Prior to joining the firm, David was a professional engineer and worked for several years in the electronics industry as a computer memory designer, semiconductor product engineer, and computer programmer.
A patent claim of invention is considered obvious, and thus unpatentable, in light of a combination of prior art references if a person of ordinary skill in the art (POSITA) would have had a reason, or motivation, to combine the references as recited in the claim. There are responses, or defenses, to such a finding of obviousness, including if the combination renders the reference unsatisfactory or inoperable for its intended purpose – also called “frustration of purpose.