PTAB Trial Recalibration: The New Procedures, Best Practices and Proposals You Need to Know Now

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Patent
- event Date
Tuesday, September 19, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide patent counsel on the practice changes at the Patent Trial & Appeal Board (PTAB). The panel will provide a detail overview of the many recalibrated requirements, and will offer guidance on how to best leverage these developments. The panel will also provide an overview of pending rule proposals and expected outcomes/impacts.
Faculty

Mr. Laurence has been included in IAM’s list of leading post-grant practitioners every year since 2012. He has taught a course as an adjunct professor at the George Washington University Law School on post-grant patent practice since 2015. Mr. Laurence served as an instructor for the Patent Resources Group in three-day courses on post-grant proceedings held biannually during 2009–2019 and is a co-author of a two-volume treatise titled Post-Grant Patent Practice provided in conjunction with the courses. Best Lawyers in America named him 2016 “Lawyer of the Year” in Patent Law for Washington, D.C.

Mr. McKeown is a shareholder with Wolf, Greenfield & Sacks in Washington D.C. and a professorial Lecturer in Law at The George Washington University Law School. Named one of the world’s leading patent practitioners for post-grant proceedings by Intellectual Asset Management, he is one of the most active PTAB trial attorneys in the U.S., having handled more than 400 PTAB matters, including those in which more than $500 million was at stake. Mr. McKeown currently serves as lead post-grant counsel to some of the world’s best-known innovators, and is the editor of the award-winning blog PatentsPostGrant.com.

Ms. Armond an intellectual property trial attorney litigating patents, trademarks, and trade secrets. IAM 1000 lauded her as “brilliant” and an “outstanding lawyer who ranks among the best PTAB specialists nationwide.” Her work encompasses inter partes review (IPR) and reexamination at the U.S. Patent Office, litigation in federal court, and appeals before the U.S. Court of Appeals for the Federal Circuit and U.S. Supreme Court. A trained electrical engineer, she litigates disputes across many technologies, including electronics, software, mechanical, electro-mechanical, medical devices, and consumer goods.
Description
Practice before the USPTO PTAB is constantly evolving under the new Director. Over the past few months, previously established PTAB trial practices and procedures have been significantly revised or replaced. And additional policies that were newly developed under the previous Director have been rescinded or significantly curtailed. As we move into the fall season, a pending notice-and-comment rule package will introduce further proposals to recalibrate existing practices all the while Congress proposes even further changes in draft legislative proposals.
Listen as our authoritative panel of PTAB litigators assess the growing slate of practice changes, provide a detail overview of the many recalibrated requirements, and how to best leverage these developments. Looking forward, the panel will also provide an overview of pending rule proposals and expected outcomes/impacts.
Outline
- Changes to Discretionary Denial Practices
- Compelling merits?
- Prior Art & Admissions
- New Director Review Options & Best Practices
- Sanctions
- Notice-and-Comment Rule Proposals & Predictions
- Legislative Ideas
Benefits
The panel will review these and other key issues:
- How do the new procedures and the end of the Precedential Opinion Panel change the process for review?
- What does the new Guidance on ex parte appeals mean for parties to the appeals?
- What lessons can be learned from recent Director decisions on review?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

Patent Ownership and the Impact of Interactions with Others
Available On-Demand

Patent Reexamination and Patent Reissue as Litigation Tools
Available On-Demand