By Scott A. McKeown
| September 20, 2016

Leveraging PTAB Trial Records in the District Court


Tomorrow, is the September edition of the PatentsPostGrant.com free webinar series (September 21st@12:30PM (est)). The webinar is entitled: Leveraging PTAB Trial Records in Concurrent Litigation (speakers: Scott McKeown & Greg Gardella).  As the title suggests, the webinar will focus on utilizing PTAB fact finding and decisions in case dispositive pleadings, Markman and more. Register (HERE). (or copy the following link into your web browser: to https://oblon.webex.com/oblon/onstage/g.php?MTID=e0f385735ab0c84ab7bd0b15e722d42a3

The formal portion of the PatentsPostGrant.com webinar will begin at 12:30 Eastern and will last for approximately 50-60 minutes. After the presentation there will be a Q&A period. To attend the webinar please sign up via the link above. You will receive a registration confirmation email immediately. One hour prior to the webinar you'll receive another email with a link and instructions for joining the presentation. VA CLE credit will be provided.

 

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By Scott A. McKeown
| September 16, 2016

30 Years Since the Formation of the Last National IP Bar Association


What better day to launch the new Patent Trial & Appeal Board (PTAB) Bar Association than on the 5th year anniversary of the enactment of the America Invents Act (AIA). I am honored to have been involved with the creation of the only bar association solely dedicated to practice before the PTAB, and to serve on its inaugural Board of Directors. The organization will help establish best practices for this unique forum, foster communication among stakeholders and the PTAB, and aid practitioners in staying abreast of rule making, procedure and PTAB jurisprudential evolution.

The Inaugural Annual Conference of the PTAB Bar Association will take place March 1 & 2, 2017 at the Ritz-Carlton in Washington, D.C. To become a member of the PTAB Bar Association, and for more details on its events and functions, and how to become involved, please visit www.PTABBar.org.  Follow us on Twitter @PTABBar
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By Scott A. McKeown
| September 15, 2016

Four Years of PTAB Trials

I've read quite a few AIA retrospectives over the last week in the run up to Friday's AIA anniversary. Almost all pose the rhetorical question: "who could have predicted the PTAB would become so impactful?" Well, for starters anyone up to their armpits in NPE lawsuits with the only available USPTO solution being patent reexamination, that's who.  Prior to the AIA the pent up rage/demand for a more effective USPTO post-grant challenge solution was palpable. For that reason, back in July of 2012, I thought that PTAB trials might break the NPE business model, especially for smaller NPEs.  

In 2016, NPEs still exist.  But, there are far fewer small fish.  Even large patent aggregators yearn for the go-go days before the AIA.  It is clear that the AIA trials ended the golden era of seven figure, cost of defense settlements.  Congress did it—it actually provided a workable USPTO post-grant solution that is cost effective, and fast enough to make a difference.  The PTAB levels the playing field.  No longer are businesses helpless to settle cases of dubious merit because of the lopsided discovery costs of an NPE suit, or risks of outlandish jury verdicts.  

That said, four years into AIA trials the PTAB is not without its critics.   

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By Scott A. McKeown
| September 14, 2016

Leveraging a PTAB Trial Record in the District Court


Next week, the September edition of the PatentsPostGrant.com free webinar series will be held on Wednesday September 21st@12:30PM (est). The September webinar is entitled: Leveraging PTAB Trial Records in Concurrent Litigation (speakers: Scott McKeown & Greg Gardella).  As the title suggests, the webinar will focus on utilizing PTAB fact finding and decisions in case dispositive pleadings, Markman and more. Register (HERE). (or copy the following link into your web browser: to https://oblon.webex.com/oblon/onstage/g.php?MTID=e0f385735ab0c84ab7bd0b15e722d42a3

The formal portion of the PatentsPostGrant.com webinar will begin at 12:30 Eastern and will last for approximately 50-60 minutes. After the presentation there will be a Q&A period. To attend the webinar please sign up via the link above. You will receive a registration confirmation email immediately. One hour prior to the webinar you'll receive another email with a link and instructions for joining the presentation. VA CLE credit will be provided.
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By Scott A. McKeown
| September 6, 2016

After Final Practice & Leveraging PTAB Records in Court - September 2016


For those seeking some CLE this September there are a number of upcoming patent programs.  First up, a prosecution topic, this Thursday September 8th (1PM-230 EST), Strafford Publications presents: After-Final Practice: Navigating Expanding PTO Options to Compact Patent Prosecution.  The program will cover efficient prosecution practices in view of the expanding after-final landscape at the USPTO. Topics include Post-Prosecution Pilot Program (P3), After-Final Consideration Pilot 2.0, Pre-Appeal Conference Requests & Appeal. The program will also offer strategies and tips for applying each, as well as examiner motivations for accepting one as compared to another.

Later this month, the September edition of the PatentsPostGrant.com free webinar series will be held on Wednesday September 21st@12:30PM (est). The September webinar is entitled: Leveraging PTAB Trial Records in Concurrent Litigation (speakers: Scott McKeown & Greg Gardella).  As the title suggests, the webinar will focus on utilizing PTAB fact finding and decisions in case dispositive pleadings, Markman and more. Register (HERE). (or copy the following link into your web browser: to https://oblon.webex.com/oblon/onstage/g.php?MTID=e0f385735ab0c84ab7bd0b15e722d42a3

The formal portion of the PatentsPostGrant.com webinar will begin at 12:30 Eastern and will last for approximately 50-60 minutes. After the presentation there will be a Q&A period. To attend the webinar please sign up via the link above. You will receive a registration confirmation email immediately. One hour prior to the webinar you'll receive another email with a link and instructions for joining the presentation. VA CLE credit will be provided.

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