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Patent Reexamination and Patent Reissue as Litigation Tools

Insulating Your Patent Portfolio From New Threats

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, January 28, 2020

Recorded event now available

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This CLE course will provide patent counsel with an overview of the current USPTO's Patent Trial & Appeal Board (PTAB) and patent litigation landscape with an eye toward emerging trends and challenges for patent owners. The panel will offer best practices to minimize the threat of post-grant patent challenges as well as prosecution strategies to strengthen and/or insulate patent portfolios from PTAB attack.


In April of 2019, the USPTO issued a notice in the Federal Register reminding stakeholders of its patent reissue and reexamination mechanisms. These post-grant proceedings offer both offensive and defensive strategies to stakeholders. For example, these proceedings can operate in tandem to an AIA trial to provide an alternative path to amendment, or be utilized to strategically prepare for, or even recover from, such patent challenges. Given the impact of AIA trial proceedings on the monetization landscape, it is critical for stakeholders to be well versed in advanced patent reissue and reexamination options.

As a patent owner, these proceedings can offer ex parte paths to more fulsome amendment options as compared to the PTAB, restarting of continuation practices, or pre-litigation rehabilitation of problem patent claims. On the challenger side, reexamination offers options not possible before the PTAB.

Listen as our authoritative panel reviews the current post-grant/patent litigation landscape with an eye toward emerging trends and challenges facing patent owners and challengers alike. The panel will also offer best practices for utilizing patent reissue/reexamination, potential pitfalls, and nuances of these unique mechanisms.



  1. Preparing for the fight
    1. The monetization landscape
      1. Rehabilitating the asset
        1. Reissue
          1. What can you do, when, and how long?
            1. Mechanics
          2. Downsides?
          3. PTAB overlap, considerations
        2. Reexamination
          1. What can you do, when, and how long?
            1. Mechanics
          2. Downsides?
          3. PTAB overlap, considerations
    2. Parallel proceedings before the USPTO
    3. Litigation tactics


The panel will review these and other key issues:

  • How can patent owners utilize these proceedings to lessen the PTAB threat?
  • What does reexamination offer to challengers in the PTAB world?
  • Which proceeding is the best path to a goal that might be reached by either option?


Laurence, Kevin
Kevin B. Laurence

Laurence & Phillips

Mr. Laurence has been included in IAM’s list of leading post-grant practitioners every year since...  |  Read More

McKeown, Scott
Scott A. McKeown

Wolf, Greenfield & Sacks

Mr. McKeown is a shareholder with Wolf, Greenfield & Sacks in Washington D.C. and a professorial Lecturer in...  |  Read More

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