AIPLA Webinar to Explore Convergence of Claim Construction Practices

Today, AIPLA presents Patent Infringement & The PTAB: The Emergence of a Bifurcated System? (here) The webinar will be conducted 1230 – 2PM (EST). CLE credit is available.

AIA Trial Proceedings were designed by Congress to provide an alternative route to challenging patent validity. Now, with the alignment of the courts and Patent Trial & Appeal Board (PTAB) on critical matters of claim construction, and with the Board’s expedited schedule outpacing all but the most aggressive of district court dockets, the PTAB is providing a new alternative — a potential path away from Markman determinations. Given the additional potential for simplification of district court issues, the PTAB is positioned to become the first phase of a new bifurcated system of sorts. That is, the first-in-time claim construction may begin to drive the critical issue of claim construction in patent litigation.

Given these new dynamics, the webinar will explore the overlap of issues and the resulting change to the patent litigation landscape:

  • The potential for increased stays give the Phillips switch and post-SAS Institute
  • The applicability of collateral estoppel across for a on matters of claim construction
  • Impact of PTAB claim constructions on parallel Markman determinations, and the use of Markman Orders at the PTAB
  • Strategies for approaching PTAB petition practice under Phillips
  • Patent Owner strategies for managing the alignment of standards across fora
  • Use of PTAB fact-finding in summary determinations

Hope to speak to you then.