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 CLE webinar with Q&A
Conducted on Thursday, March 20, 2014
Recorded event now available
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.
The AIA offers alternative procedures to challenge patents. However, use of these procedures does not eliminate civil litigation and makes it more likely that the parties will be involved in concurrent USPTO and court proceedings regarding a patent's validity.
Counsel must consider how a PTAB review will have on a matter also in the courts. For example, the PTAB's decision in Versata invalidated the patent, which had been approved by the Federal Circuit after much litigation. Parties may also seek to stay litigation in favor of USPTO determination.
Patent counsel involved in concurrent patent matters must understand the impact on stays, discovery and settlements.
Listen as our authoritative panel of patent attorneys examines the interplay between the new administrative review and district court proceedings, the limitations placed by the AIA, stays, and practical considerations post-AIA when determining whether to seek or oppose a stay pending IPR USPTO review. The panel will also discuss issues and considerations related to settlements and discovery, and will offer best practices for dealing with concurrent litigation and USPTO proceedings.
Interplay between the new administrative review and district court proceedings
- Limitations placed by the AIA
- 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
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.
Michael L. Kiklis, Partner
Oblon Spivak McClelland Maier & Neustadt,
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.
Eric 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 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.
CLE On-Demand - Streaming Audio
Includes recorded streaming audio 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 Audio $297.00
Includes full event recording plus handouts.
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 email@example.com to place your order.
Recorded Webinar Download $297.00
Recorded Audio Download (MP3) $297.00
DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
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.
Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.
The program had a lot to cover and the speakers did a superb job of moving through the difficult subject matter.
Charles E. Chapin
I liked that practice tips were given from both a plaintiff's and defendant's aspect.
Fitch Even Tabin & Flannery
I enjoyed the program's high level of detail.
Claire C. Rosston
Dorsey & Whitney
I appreciated the speakers willingness to share information about issues where there are few outside resources available.
The speakers were good and the topic was not something covered in other seminars / webinars.
Loeb & Loeb
Intellectual Property Law Advisory Board
Winthrop & Weinstine
Fulbright & Jaworski
Winston & Strawn
Feinberg Day Alberti & Thompson
Buchanan Ingersoll & Rooney
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.