USPTO Rule Changes for PTAB Trial Proceedings
Navigating Changes to New Testimonial Evidence, Rule 11-Like Requirement, Claim Construction Standard, Motions to Amend, and More
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide patent counsel with an in-depth review of the U.S. Patent and Trademark Office’s (USPTO) newly proposed rule changes for PTAB trial practice. The panel will discuss the potential implications of the changes and address what counsel needs to do now regarding matters that could be impacted if/when the rule is adopted.
Outline
- Proposed rule changes to PTAB trial practice
- Potential implications of the rule changes
- PTAB positions on issues raised in the commentary and the impact on future post-grant proceeding practice
- Likelihood of the rules being adopted and expected challenges
- What counsel needs to do now regarding matters that could be impacted if/when the rules are adopted
Benefits
The panel will review these and other key questions:
- What is the potential impact of patent owners being able to submit declarations with preliminary responses? How will it change strategy?
- What approach should patent counsel take regarding the standard of review if the expiration date is in dispute?
- How will counsel need to alter their approach in light of the proposed rule changes?
Faculty

Michael J. Flibbert
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Flibbert has extensive experience in all aspects of patent law, focusing on district court litigation, appeals, and... | Read More
Mr. Flibbert has extensive experience in all aspects of patent law, focusing on district court litigation, appeals, and inter partes review (IPR) and other contested proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. He has successfully represented clients in patent disputes before federal district courts, the Federal Circuit, and the PTAB involving a range of technologies, including pharmaceuticals, biotechnology, chemistry, chemical engineering, agriculture, and materials science. He also regularly counsels clients on patent issues, including infringement, validity, enforceability, and remedies.
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Thomas L. Irving
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution,... | Read More
Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution, reissue and reexamination, patent interferences, and counseling, including prelitigation, Orange Book listings of patents covering FDA-approved drugs, and infringement and validity analysis in the chemical fields, as well as litigation. He has served as lead counsel in many patent interferences.
CloseAmanda K. Murphy, Ph.D.
Finnegan Henderson Farabow Garrett & Dunner
Dr. Murphy focuses her practice on client counseling and patent prosecution for a range of clients. She prepares new... | Read More
Dr. Murphy focuses her practice on client counseling and patent prosecution for a range of clients. She prepares new patent applications, prosecutes U.S. and foreign applications, and represents applicants at appeals and oral hearings before the PTAB. She has experience in prosecuting inter partes and ex partes reexamination applications, reissue applications, and patent term extension applications for approved pharmaceuticals, including obtaining supplemental protection certificates in Europe.
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