POPRs and the New PTAB Final Rules: Maximizing the Impact of POPRs in IPR Petitions
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Ethics
- event Date
Wednesday, May 4, 2016
- schedule Time
1:00 PM E.T.
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will provide guidance to patent counsel on how to maximize the impact of a Patent Owner Preliminary Response (POPR), in light of the PTAB final rules. The panel will discuss insufficient evidence in the petition, favorable claim constructions, and attacking threshold issues.
Perhaps ironically, on April 1, PTAB issued its final rules relating to AIA Post-Grant Proceedings. There are two issues particularly important for the AIA practitioner: (1) the effective date of the rules and (2) the possibility that the patent owner can generate and rely on new evidence, in support of its POPR. POPRs remain patent owners’ best weapon to try and obtain a petition denial. Petition denials are a complete “win” for the patent owner, and although the PTAB grant rate remains high (about 70%), denials are possible.
Listen as our authoritative panel of patent practitioners discusses ways to maximize the impact of a POPR, particularly in view of the new final rules, and touching on pointing out insufficient evidence in the petition, proposing favorable claim constructions, and attacking threshold issues such as real-party-in-interest, time bar and estoppel.
- Impact of final rules on POPRs
- Analysis of patent owner arguments that worked (IPR petitions denied)
- Maximizing impact of POPR
- Evidence in the petition
- Favorable claim construction proposal
- Attacking threshold issues
The panel will review the following and other key issues:
- To which PTAB post-grant proceeding do the new rules apply?
- What are the pros and cons of generating and presenting new evidence in the patent owner preliminary response?
