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.

Description

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.

Outline

  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

Benefits

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?

Faculty

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 PatentsPostGrant.com.


Live Webinar

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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

Kohler

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Patent Law Advisory Board

Charles S. Baker

Partner

Fulbright & Jaworski

David S. Bloch

Partner

Winston & Strawn

Irah H. Donner

Partner

Stroock & Stroock & Lavan

Ian N. Feinberg

Partner

Feinberg Day Alberti & Thompson

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Partner

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David Segal

Senior IP Counsel

Intel

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Partner

Jones Day

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Partner

Orrick

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