Special PatentsPostGrant.com Webinar 11/28

On Monday, November 27th, the Supreme Court will hear oral arguments in both the Oil States and SAS Institute appeals. Both cases have the potential to have a significant impact on proceedings at the Patent Trial and Appeal Board (PTAB) and, potentially, the entire U.S. patent system.

The day after, November 28th, PatentsPostGrant.com will host a free webinar to debrief the oral arguments, and offer insights on the possible practice changes stemming from the forthcoming decisions. (Speakers: Scott McKeown, Douglas Hallward-Driemeier and Matthew Rizzolo)

The formal portion of the webinar will begin at 1:30 (EST) 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 (here). You will receive a registration confirmation email immediately. Two hours prior to the webinar you’ll receive another email with a link and instructions for joining the presentation.

CLE credit is provided (CA, NYC, VA only).

October PTAB CLE

A reminder that an exciting PTAB related CLE program is a week away. Don’t miss the Chicago-Kent College of Law’s Power of the PTAB: The New Authority in Patent Law on Friday October 20th. (agenda below)

Part I: Navigating the PTAB

8:35–9:35 am

Reasonable Error Correction or Death Squads — Is the PTAB’s Invalidation Rate Too High or Just Right?

Moderator: Paul Henkelmann (Fitch Even)

Speakers: Alison Baldwin (McDonnell Boehnen Hulbert & Berghoff LLP), David Killough (Microsoft); Jay Knobloch (Trading Technologies); Daniel Ravicher (Miami); David Schwartz (Northwestern)

9:35–10:35 am

PTAB Repetition — Multiple, Duplicative, and Sequential PTAB Challenges

Moderator: Erick Palmer (Mayer Brown)

Speakers: Christen Dubois (Facebook); Joshua Goldberg (Finnegan); Judge William Saindon (PTAB); Mark Stewart (Eli Lilly); Jonathan Stroud (Unified Patents)

10:35–10:50 am

Coffee break

10:50–11:05 am

Interlude: Presentation by the Chicago-Kent Patent Hub

11:05 am–12:05 pm

Convincing the PTAB — Developing and Presenting Evidence in PTAB Proceedings

Moderator: Steven Jedlinski (Holland & Knight)

SpeakersJudge Chris Kaiser (PTAB); Scott McKeown (Ropes & Gray); Judge William Saindon (PTAB); Melissa Wasserman (Texas)

12:05–12:10 pm

Announcement of the Chicago-Kent Journal of Intellectual Property as the official publication of the PTAB Bar Association. Continue Reading The Power of the PTAB Next Friday

September Webinar to Focus on Expected Changes to PTAB Practice

This month’s edition of the PatentsPostGrant.com free webinar series will be held on Thursday September 28th @12:30 (EST). The September webinar is entitled: The Evolution of PTAB Trial Practice (speakers: Scott McKeown & Gaby Higgins). As the title suggests, the webinar will cover the expected impact and possible changes resulting from:

Register (HERE).

The formal portion of the 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. Two hours prior to the webinar you’ll receive another email with a link and instructions for joining the presentation. CLE credit will be provided (CA, NYC, VA).

Post-Grant Patent Trials 2017 & More

For those seeking PTAB related CLE/education the fall, there are a number of great programs on the immediate horizon.

This September, the most widely attended PTAB CLE program returns, the Practicing Law Institute’s USPTO Post-Grant Patent Trials 2017. (register here)

Sept. 25, 2017, New York, NY (webcast available)
Oct. 25th 2017, San Francisco, CA (webcast available)
>I am pleased to return as chair of this program along with Rob Greene Sterne of Stern Kessler Goldstein & Fox. This day-long CLE event will be offered in both New York and San Francisco (also webcast). New for this year, the New York program will include a segment entitled Northeast Corridor: Bio/Pharma at the PTAB. Also new this year, San Francisco will include a special 2-hour segment entitled: Patent Monetization in Silicon Valley: Licensing Blues & Navigating PTAB Roadblocks. These programs are always the highlight of the CLE year.

Some additional events this fall with offer more academic/policy based insight to the PTAB and beyond.

First up is the Chicago-Kent College of Law’s: The Power of PTAB: The New Authority in Patent Law.  (registration not yet open)

Oct. 20th 2017, Chicago, Ill.
This program will explore facets of the PTAB’s expanded powers under the America Invents Act, including related to PTAB procedures, claim construction, and decisions. The conference will facilitate comments for the USPTO’s PTAB Procedural Reform initiative and will also generate articles for a symposium issue of the Chicago-Kent Journal of Intellectual Property.

For additional policy discussions on the current legal and political climate for patent law at large, IAM’s Patent Law & Policy 2017 returns to Washington D.C. (register here)

Nov. 14th, Washington, D.C.
This program focuses on the trends and changes across the patent landscape of the previous year, particularly the impact of political interests and stakeholder agendas as drivers of policy going forward under the Trump administration. This program has become a must event for anyone interested in patent law policy, legislation and rule-based initiatives.

I hope to see you at an upcoming event.

USPTO Headquarters to Host Half-Day PTAB Conference

As the Patent Trial & Appeal Board (PTAB) has previously announced, it will host a half-day Judicial Conference on June 29, 2017 from 1-5PM.  The conference will be held in the Madison Auditorium.  The program will be directed toward both AIA trial proceedings and ex parte appeal practices. The detailed agenda and webcast link are found below:

Time​ Event
1:00 – 1:10 p.m. Welcome
1:10 – 1:30 p.m. State of the Board
​1:30 – 2:15 p.m. Behind the Scenes at PTAB: A Look at the Inner Workings
​2:15 – 3:00 p.m. Perspectives from the Bench and Bar: Winning your Ex Parte Appeal
​3:00 – 3:15 p.m. ​Break
​3:15 – 4:55 p.m. AIA Trial Hot Topics
4:55 – 5:00 p.m. Closing Remarks
5:00 – 6:00 p.m. Informal Social Gathering

There is no cost to attend and registration is not required.  CLE credit is not available.

To access the Webcast go to:

https://uspto-events.webex.com/uspto-events/onstage/g.php?MTID=ecd85f7f0af7a7d6ac4b53804631a0df4

USPTO HeadQuarters to Host Half-Day PTAB Trial Conference

As the Patent Trial & Appeal Board (PTAB) has previously announced, it will host a half-day Judicial Conference on June 29, 2017 from 1-5PM.  The conference will be held in the Madison Auditorium.  While an agenda is yet to be released, the agency describes the planned conference as:

[A]n excellent opportunity to learn about PTAB, including practice tips from multiple judges and practitioners, as well as practical insights on the latest PTAB developments. The conference is free of charge and you may attend in-person or by webinar. No registration is required. For those who attend in-person, an informal reception will be held after the conference, offering an opportunity to chat and mingle with PTAB judges and other attendees.

Hope to see you there.

Webinar to Cover Flurry of CAFC Developments & SAS Cert.

Tomorrow, May 25, 2017, I will present a webinar for Strafford Legal on: Evolving PTAB Trial Practice: Navigating Complex Procedural Rules (live webinar: 1:00PM-2:30PM EDT)
The program will cover a number of important topics, not the least of which is the expected impact of pending en banc decisions of the Federal Circuit as well as the potential impact of the SAS debate now at the Supreme Court.

On June 15th, I, along with my partner Alex Hadjis will present the free PatentsPostGrant.com webinar entitled: ITC as a PTAB Antidote : Navigating Competing Administrative Trial Strategies & Pitfalls (live webinar:1:00pm-2:30pm EDT) (register here)

I hope to hear from you at one of these upcoming events.

PTAB Related CLE

May 10th-11th: American Conference Institute presents its Third Annual Post-Grant PTO Proceedings in New York City (here). This two-day event will cover a variety of AIA Trial Proceeding topics. The second day will include a three-hour workshop entitled Parallel Proceedings: The Good, The Bad, and The Ugly. 

May 16, 2017: MIP PTAB Forum 2017 will be held in New York City. (here)  This is a full-day forum on PTAB trial practices.

May 25, 2017: Strafford Legal presents: Evolving PTAB Trial Practice: Navigating Complex Procedural Rules (live webinar: 1:00PM-2:30PM EDT)

June 15, 2017: Strafford Legal presents: ITC as a PTAB Antidote : Navigating Competing Administrative Trial Strategies & Pitfalls (1:00pm-2:30pm EDT).

I hope to hear from you at one of these upcoming events.

Upcoming CLE, Director Change & New Rules

The chatter around the USPTO’s Alexandria campus is the ongoing efforts of the Secretary of Commerce, Wilbur Ross, to select a new USPTO Director. With interviews progressing, some of the bigger names have seemingly fallen out of the picture.  The focus appears to have shifted to attorneys in private practice. Current favorites include a patent litigation partner in DC, the other a patent prosecution focused partner from the West Coast.
Stay tuned.

As noted previously, the PTAB is soliciting comments from the public on possible AIA trial refinements. Comments are specifically welcomed addressing procedures relating to multiple petitions, motions to amend, claim construction, and decisions to institute. In concert, the agency is also seeking input on outdated rules it might eliminate to satisfy the 2-for-1 requirements of the Trump administration. It seems that once the AIA feedback is collected, and some rules are identified for cancellation, the PTAB will be in a position to move toward a rule package – or issue the long-awaited updating of the PTAB Trial Practice Guide.

For those seeking some PTAB related discussion/CLE in the months ahead, there are a few noteworthy programs.

May 10th-11th: American Conference Institute presents its Third Annual Post-Grant PTO Proceedings in New York City (here). This two-day event will cover a variety of AIA Trial Proceeding topics. The second day will include a three-hour workshop entitled Parallel Proceedings: The Good, The Bad, and The Ugly. 

May 16, 2017: MIP PTAB Forum 2017 will be held in New York City. (here)  This is a full-day forum on PTAB trial practices.

I hope to see you at one of these upcoming events.

UTCLE Program Covers Patent Landscape

For those seeking some PTAB related discussion/CLE this week, there are a few exciting programs.

Tomorrow through Friday of this week, the USPTO (Alexandria) hosts UTCLE Advanced Patent Law Institute (here). This program will offer a broad range of patent related topics, including extensive discussions of PTAB trial practice and the impact of recent Federal Circuit Decisions this afternoon.

Friday March 10th: For those on the west coast, the Washington State Bar Association will hold its 22nd Annual Intellectual Property Institute in Seattle. (here)  This program will also offer a broad range of IP related topics, including a discussion of best practices for PTAB trials.

In the weeks ahead there are a number of other programs scheduled for both coasts.

March 21st: MIP U.S. Patent Forum 2017 will be held in Palo Alto (here). This program offers a full day program focusing on AIA trial practices.

May 10th-11th: American Conference Institute presents its Third Annual Post-Grant PTO Proceedings in New York City (here). This two-day event will cover a variety of AIA Trial Proceeding topics.

May 16, 2017: MIP PTAB Forum 2017 will be held in New York City. (here)  This is a full-day forum on PTAB trial practices.

I hope to see you at one of these upcoming events.