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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Wednesday, September 12, 2018

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

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


  • Live Online


    On Demand

$347.00

This course is $0 with these passes:

CLE
ALL

This CLE course will guide patent counsel on trends in Patent Trial and Appeal Board (PTAB) trial practice, focusing on motion opportunities, amendment, concurrent reissue/reexamination, evidentiary opportunities, petition missteps and much more.

Description

AIA trial practices of the Patent Trial & Appeal Board (PTAB) have undergone significant change in 2018. From revised trial institution practices post-SAS to increased appellate scrutiny of agency decisions once barred from appeal, best practices before the PTAB are a constantly moving target. But, the most significant changes may be yet to come. With proposed regulatory changes to a district court claim construction standard pending, and expected changes to amendment practices on the immediate horizon, 2018 is shaping up to be the most noteworthy in the PTAB’s short history.

A thorough understanding of this evolving landscape includes not only mastering the unique rules of this forum (including anticipating proposed changes), but also an ever-changing body of Board informative decisions, and growing CAFC precedent. Counsel must understand strategic leverage points presented by these proceedings to maximize both patent monetization potential and settlement opportunity.

Outline

  1. Preliminary Proceeding Post-SAS
    1. Petitioner Strategy
      1. Claim Construction (Phillips)
        1. Leveraging Markman
      2. Grounds
      3. Timing/325(d)
      4. RPI/Privy
    2. Patent Owner Strategy
      1. POPR
      2. Claim Construction
    3. Litigation Considerations
      1. Stay?
  2. Trial
    1. Discovery
      1. Depositions
    2. Claim Construction
    3. Amendment
    4. New Evidence?
    5. Sur-reply
    6. Preserving the record for appeal
    7. Motion practice
    8. Oral Hearing
  3. Appeal
  4. Legislation/Changes to Come

Benefits

The panel will review these and other high priority issues:

  • New claim construction practice
  • Amendment Changes
  • Post-SAS practice
  • Sur-replies
  • New Discovery Opportunities
  • Related litigation strategy
  • Expected Changes in the horizon