ITC as a PTAB Antidote : Navigating Competing Administrative Trial Strategies & Pitfalls

Threading the New Patent Monetization Needle

A live 90-minute CLE webinar with interactive Q&A

Thursday, June 15, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 26, 2017

This CLE webinar will provide guidance to patent counsel to understand and manage the interplay between PTAB trials and International Trade Commission (ITC) investigations. The panel will discuss the growing number of cases going to the ITC and the impact of PTAB proceedings and decisions on ITC investigations. The panel will offer best practices for addressing concurrent ITC investigations and PTAB proceedings.


The dramatic impact of America Invents Act (AIA) trial proceedings on the patent monetization landscape has been undeniable. The Patent Trial & Appeal Board’s (PTAB) high invalidation rate coupled with the increasing willingness of district courts to stay infringement actions has forced a new monetization paradigm to the fore.

As a result, patent plaintiffs that heretofore sought out district court forums for damage awards are now viewing the ITC as an attractive venue to maintain litigation leverage in the face of PTAB attacks and associated stay tactics of their adversaries.

Patent counsel must now consider the threat of an ITC action as an antidote to PTAB tactics. Likewise, the impact of PTAB trial proceedings on an ITC investigation, and vice-a-versa, will be an increasingly prominent dynamic as these administrative proceedings progress in parallel. While stopping an ITC action pending PTAB review seems unlikely given the ITC’s decisions on the point, counsel will likely seek to leverage PTAB developments by attempting to leverage them into the ITC investigation.

Along those lines, ITC Administrative Law Judge (ALJ) McNamara recently reopened the record to receive PTAB decisions into evidence. The ALJ found the PTAB decisions discussed arguments relevant to the ITC investigation but noted the PTAB decisions were not final decisions and were based on a different standard of evidence. In the Matter of Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same (Investigation No. 337-TA-1003).

Listen as our authoritative panel of ITC and PTAB specialists examine the growing appeal of the ITC for patent monetization as an attempted antidote to the PTAB hurdle. The panel will discuss how to leverage PTAB records and offer strategies particular to the two administrative proceedings as patentees turn to the ITC to try to avoid stays pending PTAB review.


  1. Trend of cases heading to the ITC
  2. Interplay between PTAB and ITC
  3. Leveraging PTAB records
  4. Strategies for the two administrative proceedings


The panel will review these and other key issues:

  • What are the implications for ITC investigations when there have already been PTAB decisions?
  • How can patent counsel capitalize on favorable PTAB decisions?
  • What difficulties do counsel face when challenging or defending patent validity in concurrent proceedings?


Alexander J. Hadjis, Partner
Oblon McClelland Maier & Neustadt, Alexandria, Va.

Mr. Hadjis focuses his practice on intellectual property litigation and cases involving the interface between intellectual property and antitrust law. He has served as lead counsel in many noteworthy cases before the federal district courts and the ITC. He has handled patent, antitrust, and breach of contract cases that cover many technologies as well as cases involving technology standards.

Scott A. McKeown, Partner
Oblon McClelland Maier & Neustadt, Alexandria, Va.

Mr. McKeown chairs the PTAB practice group at Oblon and has served as lead counsel in hundreds of AIA trial proceedings. He leads trial teams responsible for electronics, wireless communications, software and computer-related inventions and business methods through appeals to the Court Of Appeals for the Federal Circuit (CAFC). Scott is also a member of his firm’s Management Committee. Scott is also a Professorial Lecturer in Law at the George Washington University Law School where he teaches post-grant patent practice. He is also the editor of the legal treatise Post-Grant Patent Proceedings Before the Patent Trial & Appeal Board and is the editor of the widely read legal blog

Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 05/26/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 05/26/17)

How does this work?

Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 05/26/17)

How does this work?

Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

Includes Early Discount Savings of $50.00 (through 05/26/17)

How does this work?

DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

Includes Early Discount Savings of $50.00 (through 05/26/17)

How does this work?

Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 05/26/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 05/26/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 05/26/17)


Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
May 26, 2017
(about 2 hours)

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

Strafford provided an enthusiastic presentation that focused on patent practice, not theory.

David H. Vance

Vance Intellectual Property

I liked the practical insights, particularly when tied to cases the presenters had worked on.

Michael Gray


I thought the program was very informative--even to an experienced practitioner.

Jennifer Oldvader

I was pleased with the timeliness of the subject matter and the collaborative approach among the presenters.

Caren M. Rempelakis

Iron Mountain

Very focused seminar that provided the information I expected in a concise format.

Kimberly M. Butler

Downs Rachlin Martin

or call 1-800-926-7926

Patent Law Advisory Board

Charles S. Baker


Fulbright & Jaworski

David S. Bloch


Winston & Strawn

Irah H. Donner


Stroock & Stroock & Lavan

Ian N. Feinberg


Feinberg Day Alberti & Thompson

Anthony J. Fitzpatrick


Duane Morris

David Segal

Senior IP Counsel


Astrid R. Spain


Jones Day

Mark P. Wine



or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.