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.
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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.
I was impressed with the examples and the practical applications of the concepts.
Connie Sue Martin
Bullivant Houser Bailey
The speakers were experienced and very knowledgeable in their fields.
Marcos Rothman Scharf Valdes Nguyen & Goldstein
I really appreciated the detailed answers of the speakers during question and answer session.
Intellectual Property Law Advisory Board
Winthrop & Weinstine
Fulbright & Jaworski
Winston & Strawn
Feinberg Day Alberti & Thompson
Buchanan Ingersoll & Rooney
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