BarbriSFCourseDetails
  • videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Patent
  • schedule 90 minutes

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

BarbriPdBannerMessage

About the Course

Introduction

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.

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 And additional policies that were newly developed under the previous Director have been rescinded or significantly curtailed.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.

Presented By

Michelle E. Armond
Partner
Armond Wilson, LLP

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.

Kevin Laurence
Partner
Laurence & Phillips, LLP

Mr. Laurence has a winning record representing patent owners and petitioners in mission-critical IPR and PGR proceedings at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO). He is also experienced with other post-grant proceedings having handled many high-profile reexaminations and reissues, which enables him to develop comprehensive post-grant strategies. He leverages his post-grant experience in prosecution matters to obtain patents for his clients that will survive challenges. Mr. Laurence has taught a course as an adjunct professor at the George Washington University Law School on USPTO post-grant proceedings since 2015. He served as an instructor for Patent Resources Group (PRG) in courses on post-grant proceedings during 2009–2019. He is a co-author of a two-volume treatise titled Post-Grant Patent Practice, which was provided in conjunction with the PRG courses and was updated at least annually for over a decade. He has co-authored about 50 articles on post-grant patent topics. He served as Vice Chair of the Intellectual Property Owners Association’s U.S. Post-Grant Patent Office Practice committee during 2012–2015. He served as a founding Board Director for the PTAB Bar Association during 2016–2017.  


Scott A. McKeown
Shareholder
Wolf Greenfield & Sacks

Mr. McKeown focuses his practice on post-grant patent counseling and litigation matters at the U.S. Patent and Trademark Office (USPTO) and related appeals to the U.S. Court of Appeals for the Federal Circuit (CAFC). He handles all aspects of post-issuance patent proceedings, with a particular focus on administrative trials before the Patent Trial and Appeal Board (PTAB), such as IPR and post-grant review PGR. He also provides advice on USPTO post-grant proceedings concurrent with complex International Trade Commission and district court litigations. Mr. McKeown is one of the most active PTAB trial attorneys in the U.S., having handled more than 500 PTAB matters since 2012, including those in which more than $500 million was at stake. He currently serves as lead post-grant counsel to some of the world’s best-known innovators and has handled some of the most noteworthy PTAB trials to date, including the only precedential decision on live testimony. Mr. McKeown is a Professorial Lecturer in Law at The George Washington University Law School and a Founding Director of the PTAB Bar Association. He lectures and writes extensively on PTAB proceedings and maintains the award-winning blog, PatentsPostGrant.com, which examines developments in patent litigation, including issues related to USPTO post issuance proceedings. 

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, September 19, 2023

  • schedule

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

  1. Changes to Discretionary Denial Practices
    1. Compelling merits?
  2. Prior Art & Admissions
  3. New Director Review Options & Best Practices
    1. Sanctions
  4. Notice-and-Comment Rule Proposals & Predictions
  5. Legislative Ideas

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?