USPTO Post-Grant Proceedings

Meeting the New Requirements for Post-Grant and Inter Partes Reviews and Supplemental Examination

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


Conducted on Thursday, August 2, 2012

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for counsel to IP owners on post-grant practice since the America Invents Law and recent developments, including proposed rules on trial validity. The panel will discuss post-grant review proceedings, special transitional review of business method patents, and supplemental exams.

Description

The America Invents Act (AIA) reformed the U.S. Patent Law System in Sept. 2011 with a significant overhaul to post-grant patent practice before the U.S. Patent Trademark Office (USPTO), including:

► Automatic stays of district court litigation.
► Creation of a Patent Trial & Appeal Board (PTAB).
► Substantial changes to patent reexamination practices.
► New, fast-track, post-grant mechanisms for third-party challengers.
► New estoppel provisions for ITC/district court actions.
► Special review proceedings for business method patents.
► Supplemental examination provisions for patent owners.

The evolution of validity-based patent changes before the USPTO and a number of recent developments, such as the PTO's proposed rules to govern validity trials, impact patent litigators, in-house counsel and stakeholders.

Listen as our authoritative panel of IP attorneys examines the new post-grant landscape and the operation of the new mechanisms and PTAB. The panel will discuss the recent developments and the proposed rules for trial validity, as well as strategic application of these new proceedings with an eye toward existing and future litigation strategy.

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Outline

  1. America Invents Act
  2. Inter partes review
    1. Timing
    2. Request standard
    3. Process flow
    4. PTAB
    5. Implementation
    6. Litigation strategy going forward
  3. Post-grant review (including business method challenges)
    1. Differences relative to inter partes reexam
    2. Industry-specific issues
    3. Interface with litigation
    4. Comparison with European oppositions

Benefits

The panel will review these and other key questions:

  • How has the AIA transformed post-grant practice?
  • How do the changes of the AIA alter the strategic use of post-grant proceedings parallel to litigation?
  • What are the relevant deadlines and best practices for the new post-grant review process?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Greg H. Gardella
Greg H. Gardella

Partner
Oblon Spivak McClelland Maier & Neustadt

Mr. Gardella focuses on post-grant patent proceedings, patent prosecution, strategic counseling, due diligence...  |  Read More

Scott A. McKeown
Scott A. McKeown

Partner
Oblon Spivak McClelland Maier & Neustadt

Mr. McKeown focuses on post-grant counseling, litigation and related prosecution issues. He leads the...  |  Read More

Jessica J. Harrison
Jessica J. Harrison

Technical Advisor
Oblon Spivak McClelland Maier & Neustadt

Prior to joining the firm, she served over 24 years at the U.S. Patent and Trademark Office (USPTO). She served as a...  |  Read More

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