Contested Proceedings Before the New Patent Trial and Appeal Board
Navigating PTO Practice Under the New Procedures
Prepare now for Sept. implementation
Recording of a 90-minute premium CLE webinar with Q&A
The CLE course will provide guidance for patent practitioners on the new Patent Trial and Appeal Board, meeting the requirements, and preparing for contested proceedings.
Outline
- Overview of the PTAB
- Composition and Structure
- Mandate and Jurisdiction
- Rules of Practice before the PTAB
- Institution of Proceedings
- Petition
- Preliminary Response
- Decision
- Trial Practice
- Scheduling Order
- Discovery & Production
- Motion Practice
- Oral Argument
- Decision
- Settlement
- Appeal
- Co-Pending Litigation and Concurrent PTO Proceedings
- Deadlines Triggered by Co-Pending Litigation
- District Court Estoppel
- PTO Estoppel
- Merger
Benefits
The panel will review these and other key questions:
- What changes does the PTAB bring? How does it differ from the Board of Patent Appeals and Interferences (BPAI)?
- What impact will the new PTAB have on ongoing reexaminations?
- What factors should counsel consider when deciding whether to file in the district court or the PTAB?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Scott A. McKeown
Partner
Oblon Spivak McClelland Maier & Neustadt
Mr. McKeown focuses on post-grant counseling, litigation and related prosecution issues. He leads the... | Read More
Mr. McKeown 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.
CloseGreg H. Gardella
Partner
Oblon Spivak McClelland Maier & Neustadt
Mr. Gardella focuses on post-grant patent proceedings, patent prosecution, strategic counseling, due diligence... | Read More
Mr. Gardella focuses on post-grant patent proceedings, patent prosecution, strategic counseling, due diligence investigations, and pre-suit investigations. He leverages his extensive litigation background to focus on adversarial post-grant USPTO proceedings. He has handled a significant amount of high-profile patent reexamination disputes, such as the defense of the famous TiVo time warp patent.
Close