Navigating Administrative Law in Patent Appeals Involving Review Proceedings

Identifying and Preserving Administrative Errors in IPR Proceedings; Impact of Recent Court Decisions

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, January 12, 2017
Recorded event now available


This CLE webinar will provide guidance to patent counsel on the impact of administrative law in patent appeals. The panel will examine the effect of recent Federal Circuit and Supreme Court decisions on the role of administrative law in post-grant proceedings and what it means for patent counsel going forward.

Description

The procedures and standards applied under the Administrative Procedure Act were considered irrelevant and even esoteric by litigators and patent prosecution attorneys until appeals of review proceedings began revealing the importance of administrative law. Many Federal Circuit cases in 2016 and the Supreme Court’s decision in Cuozzo addressed or turned on administrative law.

PTAB practitioners need to be ready to identify and preserve administrative errors during IPR proceedings by keeping up-to-date on administrative law developments at the Federal Circuit and other courts.

The increasing emphasis on administrative law presents challenges and opportunities for patent counsel. Because administrative law issues are now hot topics for appeals involving review proceedings, well informed patent attorneys need to know the administrative law.

Listen as our authoritative panel of patent attorneys discusses the procedures and standards applied under the Administrative Procedure Act and the role they have in patent appeals involving review proceedings. The panel will discuss the impact administrative law is having in IPR and other review proceedings and what it means for patent counsel.

Outline

  1. Administrative Procedure Act
    1. Procedures
    2. Standards
  2. Role of administrative law in patent cases
    1. Recent court treatment
  3. Impact of administrative law and what it means for patent attorneys going forward

Benefits

The panel will review these and other key issues:

  • What role does administrative law have in IPR proceedings?
  • What are the implications of recent Federal Circuit and Supreme Court decisions for post-grant proceedings?
  • What steps can patent counsel take to be prepared to preserve administrative errors in post-grant proceedings?

Faculty

Arti K. Rai, Elvin R. Latty Professor of Law and co-Director at Duke Law Center for Innovation Policy
Duke Law School, Durham, N.C.

Ms. Rai is an internationally recognized expert in intellectual property (IP) law, innovation policy, and administrative law. Her research on innovation law and policy in biotechnology, pharmaceuticals, and software has been funded by NIH, the Kauffman Foundation, and the Woodrow Wilson Center. From 2009-2010, she served as the Administrator of the Office of External Affairs at the USPTO and led policy analysis of the patent reform legislation that ultimately became the America Invents Act. Prior to that time, she had served on President-Elect Obama’s transition team reviewing the USPTO.

Kevin B. Laurence, Partner
Renaissance IP Law Group, Alexandria, Va.

Mr. Laurence has 24 years of experience in patent law. He has represented patent owners and petitioners in nearly 40 inter partes review (IPR) proceedings at the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office. In addition to IPRs, he is also experienced with other post-grant proceedings having handled nearly 30 reexaminations and many reissues, which enables him to develop comprehensive post-grant strategies. He leverages his post-grant experience in prosecution matters to obtain patents for his clients that will survive challenges.

Jonathan R.K. Stroud, Chief Patent Counsel
Unified Patents, Washington, D.C.

Mr. Stroud focuses on the interplay between Patent Trial and Appeal Board (PTAB), district court, and International Trade Commission (ITC) litigation. He manages Unified Patents’ IPR portfolio, district court, and appeals work. He has litigated, examined, prosecuted, counseled, and handled patent disputes. Involved in some of the earliest America Invents Act (AIA) patent challenges, he has drafted, filed, and represented clients on covered business method (CBM) and inter partes reviews (IPRs) for both patent owners and petitioners, drafting several petitions, responses, and motions.


Recordings

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Program Materials

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Program Materials

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Customer Reviews

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

Michael Gray

Kohler

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

David H. Vance

Vance Intellectual Property

I really appreciated the detailed answers of the speakers during question and answer session.

Amy Berret

Kean Miller

The handouts were very good with helpful cites.

Richard Macias

Creim Macias Koenig & Frey

The seminar reinforced information and explained issues in a clear manner without being either too elementary or too technical.

Mary Bowden

SC&H Group

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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

Anthony J. Fitzpatrick

Partner

Duane Morris

David Segal

Senior IP Counsel

Intel

Astrid R. Spain

Partner

Jones Day

Mark P. Wine

Partner

Orrick

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