Parallel Patent Proceedings Before the PTAB and Federal Court Post-AIA
Navigating Litigation Stays, Discovery and Settlements Concurrent with PTAB Review
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide guidance to patent counsel involved in challenging or defending patent validity on the impact of concurrent proceedings at the USPTO and in the courts on stays, discovery and settlements. The panel will offer best practices for dealing with concurrent litigation and USPTO proceedings.
Outline
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Interplay between the new administrative review and district court proceedings
- Limitations placed by the AIA
- Stays
- Practical considerations post-AIA when determining whether to seek or oppose a stay pending IPR USPTO review
- Discovery—issues and considerations
- Settlements—issues and considerations
- Lessons from recent USPTO actions and litigation
- Best practices for dealing with concurrent litigation and PTAB proceedings
Benefits
The panel will review these and other key questions:
- What litigation tactics can counsel employ to challenge or defend patent validity?
- What are the implications for discovery and settlement when patents are challenged in concurrent proceedings?
- What challenges do counsel face when challenging or defending patent validity in concurrent proceedings?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Michael L. Kiklis
Partner
Oblon Spivak McClelland Maier & Neustadt
Mr. Kiklis focuses on post-grant counseling, patent litigation and patent prosecution. With an extensive... | Read More
Mr. Kiklis focuses on post-grant counseling, patent litigation and patent prosecution. With an extensive background in computer science, he focuses his practice on software patent matters. He frequently handles high stakes matters, having been involved in several cases in which over $1 billion was at stake.
CloseEric W. Schweibenz
Partner
Oblon Spivak McClelland Maier & Neustadt
Mr. Schweibenz focuses on patent litigation in the federal courts and before the U.S. ITC. He represents domestic... | Read More
Mr. Schweibenz focuses on patent litigation in the federal courts and before the U.S. ITC. He represents domestic and foreign companies and their U.S. affiliates and subsidiaries across a spectrum of diverse technologies. He has worked on Section 337 ITC investigations, patent and trademark infringement and antitrust actions, Section 146 actions, and patent interference cases.
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