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
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.
Outline
- America Invents Act
- Inter partes review
- Timing
- Request standard
- Process flow
- PTAB
- Implementation
- Litigation strategy going forward
- Post-grant review (including business method challenges)
- Differences relative to inter partes reexam
- Industry-specific issues
- Interface with litigation
- 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?
Faculty
Greg H. Gardella, Partner
Oblon Spivak McClelland Maier & Neustadt,
Alexandria, Va.
Mr. Gardella focuses on post-grant patent proceedings, patent prosecution, strategic counseling, due diligence investigations, and pre-suit investigations. He leverages his extensive litigation background to focus on adversarial post-grant USPTO proceedings. He has handled a significant amount of high-profile patent reexamination disputes, such as the defense of the famous TiVo time warp patent.
Scott A. McKeown, Partner
Oblon Spivak McClelland Maier & Neustadt,
Alexandria, Va.
Mr. McKeown focuses on post-grant counseling, litigation and related prosecution issues. He leads the Reexamination/Reissue team responsible for electronics, wireless communications, software and computer-related inventions and business methods. He handles post-issuance proceedings at the USPTO including reissue applications, ex parte and inter partes reexamination proceedings and appeals to the BPAI.
Jessica J. Harrison, Technical Advisor
Oblon Spivak McClelland Maier & Neustadt,
Alexandria, Va.
Prior to joining the firm, she served over 24 years at the U.S. Patent and Trademark Office (USPTO). She served as a supervisory patent examiner in the Central Reexamination Unit (CRU), where her management oversight focused on software and business method patent reexamination proceedings. At the firm, she is a post grant proceedings specialist.
Recordings
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
Recorded Event
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 customerservice@straffordpub.com to place your order.
Recorded Webinar Download $297.00
Recorded Audio Download (MP3) $297.00
Webinar
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.
CLE Credits
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.
Customer Reviews
I appreciated that the program was packed with helpful practical advice.
Susan Moss
BWS
The webinar was very thought provoking and I learned a great deal.
Marc Ripp
Mack-Cali Realty
Excellent presentation.
Barry Jasilli
CVS Caremark
I appreciated the programs focused subject matter and that the speakers did not try to cover too much.
Ernest Williams
Stoll Keenon Ogden
I really appreciated the detailed answers of the speakers during question and answer session.
Amy Berret
Kean Miller
Intellectual Property Law Advisory Board
Shareholder
Winthrop & Weinstine
Partner
Locke Lord
Partner
Winston & Strawn
Partner
Feinberg Day Alberti & Thompson
Shareholder
Buchanan Ingersoll & Rooney
Partner
Orrick
Our Guarantee
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.