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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Patent

Date & Time
  • event Date

    Thursday, July 23, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide patent counsel through the evolving evidentiary standards at the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB). The panel will examine decisions recently designated as precedential or informative and their impact on the standards. The panel will offer practical tips for submitting and challenging evidence in PTAB proceedings.

Faculty

Christopher R. O'Brien
Counsel
Sterne Kessler Goldstein & Fox Pllc

Mr. O’Brien’s practice focuses on developing a deep understanding of a broad range of technologies and business needs to solve clients’ complex legal issues. His practice, in particular, encompasses all aspects of intellectual property law, including patent litigation at the International Trade Commission (ITC) and district court, post-grant proceedings at the U.S. Patent Trial and Appeal Board (PTAB), portfolio analysis, patent prosecution, due diligence, and counseling. O’Brien’s primary areas of technical experience include: semiconductor fabrication, microprocessors, light emitting diodes, medical devices, wireless communications, computer hardware and software, artificial intelligence, and consumer electronics.

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David W. Roadcap
Attorney
Sterne Kessler Goldstein & Fox Pllc

Dr. Roadcap has extensive experience both in the preparation and prosecution of patents and in litigation matters. His litigation experience includes involvement in all phases of inter partes review proceedings before the Patent Trial and Appeal Board at the USPTO, as well as in proceedings before the United States International Trade Commission. His primary technical areas of expertise are in the areas of pharmacology, cancer biology, cell biology, biochemistry, microscopy, and molecular biology.

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Description

In the past few months, the PTAB has designated a handful of decisions relating to evidentiary standards as precedential or informative. In particular, beginning with its decision in Hulu L.L.C. v. Sound View Innovations, the PTAB has designated a flurry of decisions as either precedential or informative to clarify what constitutes a printed publication. Most recently, on April 7, 2020, the PTAB designated four cases informative for their printed publication holdings.

The PTAB’s evolving evidentiary standards have often been a challenge for patent owners and petitioners. Patent counsel must understand the implications of recent precedential and informative decisions on the PTAB’s evidentiary standards.

Listen as our authoritative panel of IP attorneys examines the evolution of evidentiary standards and the recent clarifications the PTAB has provided. The panel will examine recent decisions, including decisions designated as either precedential or informative, and highlight the impact for patent owners and petitioners. The panel will also provide guidance for navigating evidentiary issues and applying the current standards at the PTAB.

Outline

  1. Evidence at the PTAB
  2. Recent informative decisions
  3. Practical guidance
    1. Submitting evidence
    2. Challenging evidence

Benefits

The panel will review these and other priority issues:

  • How have the PTAB evidentiary standards evolved over the past few years?
  • What lessons can patent counsel draw from recent decisions when assessing evidence?
  • What best practices should counsel employ when submitting evidence at the PTAB? When challenging evidence?