USPTO Post-Grant Proceedings After New Patent Reform Law
Meeting the New Requirements for Post-Grant Review, Inter Partes Review and Supplemental Examination
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, September 28, 2011
Recorded event now available
This CLE webinar will provide guidance for counsel to IP owners and inventors on the new America Invents Law's post-grant system, including post-grant review proceedings, special transitional post-grant review of business method patents and supplemental examinations.
Description
On Sept. 16, 2011, President Obama signed the Smith-Leahy America Invents Act (AIA), the most significant revamping of the patent system in decades. This legislation brings immediate changes to patent practice in the U.S. It overhauls the post-grant patent practice before the USPTO, namely:
► Creating the Patent Trial and Appeal Board (PTAB)
► Introducing new, fast-track, post-grant mechanisms for third party challengers
► Significantly overhauling patent reexamination practices
► Implementing collateral estoppel provisions for ITC actions/modified District Court estoppel provisions
► Requiring automatic stays of District Court litigation
► Establishing special review proceedings for business method patents
► Creating supplemental examination provisions for patent owners
Litigators, in-house counsel and stakeholders will all be impacted by the imminent evolution of validity-based patent challenges before the USPTO. Existing reexamination practices will change immediately upon enactment and current litigants may lose adversarial review options if not mindful of effective dates.
Counsel must understand the many aspects of these post grant developments to advise clients on meeting the new requirements and managing their intellectual property rights and liabilities.
Listen as our authoritative panel of IP attorneys examines the new post-grant landscape and explains the operation of the new mechanisms and the PTAB. In addition to outlining the major changes introduced by the AIA and their effective dates, the panels will explain the strategic application of these new proceedings in the context of existing and future litigation.
Outline
- America Invents Act
- Ex parte patent reexamination
- Supplemental examination
- Inter partes patent reexamination0
- Inter partes review
- Timing
- Request standard
- Process flow
- PTAB
- Implementation
- Litigation strategy going forward
- Post grant review (including business method challenges)
- Differences relative to Inter Partes reexam
- Industry-specific issues
- Interface with litigation
- Comparison with European oppositions
Benefits
The panel will review these and other key questions:
- What are the grounds for post-grant challenges now? How will current reexamination practice change?
- What are the new options, how will they be implemented, and when?
- How do the changes of the AIA alter the strategic use of post grant proceedings parallel to litigation?
- What are the relevant deadlines and best practices?
Faculty
Scott A. McKeown,
Partner
Oblon Spivak McClelland Maier & Neustadt, Alexandria, Va.
He focuses on post-grant counseling, litigation and related prosecution issues. He leads the Reexamination/Reissue team responsible for electronics, wireless communications, software and computer-related inventions and business methods. He handles post-issuance proceedings at the USPTO including reissue applications, ex parte and inter partes reexamination proceedings and appeals to the BPAI.
Kevin B. Laurence,
Partner
Stoel Rives, Salt Lake City
He focuses on patent procurement, post-issuance administrative proceedings, portfolio management, preparation of noninfringement and invalidity opinions, product clearance analysis, due diligence evaluations, pre-litigation evaluations and strategic counseling for asserting patent rights or responding to patent infringement allegations.
Ordering
Online CLE - Audio Recording
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CLE:
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Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, FL, GA, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
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Available ten business days after the live event
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Customer Reviews
It was helpful that the presentation included information from both perspectives - plaintiff and defendant - in all types of IP cases.
Christopher C. Dremann
Christopher C. Dremann, P.C.
Strafford provided an enthusiastic presentation that focused on patent practice, not theory.
David H. Vance
Vance Intellectual Property, PC
The slides had citations to many key court decisions and USPTO materials that will be directly relevant to my practice.
Verne A. Luckow
Polster Lieder Woodruff & Lucchesi
I liked the practical insights, particularly when tied to cases the presenters had worked on.
Michael Gray
Kohler Co.
The program had a lot to cover and the speakers did a superb job of moving through the difficult subject matter.
Charles E. Chapin
Boomer Law, PLLC
Intellectual Property Law Advisory Board
Shareholder
Winthrop & Weinstine
Partner
Fulbright & Jaworski
Partner
Winston & Strawn
Partner
Antonelli Terry Stout & Kraus
Partner
Stroock & Stroock & Lavan
Partner
Feinberg Day Alberti & Thompson
Partner
Duane Morris
Partner
Reed Smith
Partner
Gibson Dunn & Crutcher
Partner
Holland + Knight
Partner
McDermott Will & Emery
Partner
Orrick
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