Evolving PTAB Trial Practice: Navigating Complex Procedural Rules
Strategically Using Routine and Additional Discovery, Requests for Joinder, and Motions to Amend
Recording of a 90-minute premium CLE webinar with Q&A
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.
Outline
- Preliminary Proceeding Post-SAS
- Petitioner Strategy
- Claim Construction (Phillips)
- Leveraging Markman
- Grounds
- Timing/325(d)
- RPI/Privy
- Claim Construction (Phillips)
- Patent Owner Strategy
- POPR
- Claim Construction
- Litigation Considerations
- Stay?
- Petitioner Strategy
- Trial
- Discovery
- Depositions
- Claim Construction
- Amendment
- New Evidence?
- Sur-reply
- Preserving the record for appeal
- Motion practice
- Oral Hearing
- Discovery
- Appeal
- 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
Faculty
Kevin B. Laurence
Partner
Laurence & Phillips
Mr. Laurence has represented patent owners and petitioners in nearly 60 inter partes review proceedings at the Patent... | Read More
Mr. Laurence has represented patent owners and petitioners in nearly 60 inter partes review proceedings at the Patent Trial and Appeal Board. His experience with high-stakes, post-grant proceedings spans a broad spectrum of technologies. He teaches a course as an adjunct professor at the George Washington University Law School on post-grant patent practice. He has also served as an instructor for Patent Resources Group since 2009 in courses on post-grant proceedings and co-authors a two-volume treatise titled Post-Grant Patent Practice provided in conjunction with the courses. Best Lawyers in America named Mr. Laurence their 2016 “Lawyer of the Year” in Patent Law for Washington, D.C.
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Scott A. McKeown
Partner
Ropes & Gray
Mr. McKeown is a partner in Ropes & Gray’s intellectual property litigation practice and chair of the... | Read More
Mr. McKeown is a partner in Ropes & Gray’s intellectual property litigation practice and chair of the firm’s Patent Trial and Appeal Board (PTAB) group. He 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. Mr. McKeown is also a Professorial Lecturer in Law at the George Washington University Law School where he lectures and writes extensively on PTAB proceedings. He is also the editor of the widely read legal blog PatentsPostGrant.com.
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