IPO Chat Channel Provides Final Word on SAS

This Thursday the IPO Chat Channel will feature the Chief Judge of the Patent Trial & Appeal Board (PTAB) on the program entitled: A New PTAB Landscape: The Impact of SAS, Recent Federal Circuit Decisions, and the Proposed Change to the BRI Standard. The program will explore the path ahead after SAS Institute and other recent developments impacting PTAB practice. (register here)

Full-Day Webinar Offers Comprehensive PTAB Coverage

PLI’s PTAB Trials 2018 will be held this Tuesday, May 15th in San Francisco. If you can’t get there in person, strongly consider the webinar of this full-day event. PLI’s comprehensive program is the longest running and most widely attended PTAB-related CLE in existence. Rather than just exploring PTAB trial practices, this program is known for its 360° degree analysis of the PTAB on the overall patent ecosystem. This year’s program will provide the first, deep-dive analysis of the recent changes introduced by the Supreme Court, as well as proposed and expected USPTO rule packages.

This year’s program also adds unique segments dedicated to licensing and monetization strategies in Silicon Valley, as well as PTAB-centric patent prosecution practices. I am pleased to continue to chair this program alongside Robert Greene Sterne of the Sterne Kessler firm. (The New York stop of this program will be September 21st and will include a similar monetization module directed to Bio/Pharma)

Hope to see you there.

 

Upcoming PTAB Related CLE

Even before last week’s Supreme Court opinions in Oil States and SAS, the month of May was already jam packed with PTAB-related CLE.

This week, there are a number of shorter, focused webinars, as well as the MIP PTAB forum in New York. Mid-May brings PLI’s flagship PTAB Trials 2018.

First, don’t forget the PTAB itself is holding a “Chat with the Chief” webinar today from noon to 1 pm ET to discuss about the Supreme Court’s decisions on Oil States and SAS. Chief Judge David Ruschke will discuss the decisions, their impacts on AIA trial proceedings, and answer questions. The webinar is free and open to everyone to attend (here)

On Tuesday May 1st, @ 1-2PM EST is a special edition of the PatentsPostGrant.com free webinar series entitled: Supreme Court Debrief: Oil States & SAS Institute: The Aftermath. This webinar will be focused on changing PTAB and litigation strategies in light of Oil States and SAS, including those changes discussed by the chief in today’s Chat with the Chief webinar. On this program I will be joined by Ropes & Gray’s Appellate and Supreme Court practice chair Douglas Hallward-Driemeier, as well as patent litigator Matthew Rizzolo. Register (here)

Wednesday May 2nd @ 1-2PM EST brings the regularly scheduled PatentsPostGrant.com free webinar entitled: Bio/Pharma Deals & Dispute Resolution in the PTAB Era. For this webinar I am joined by Ropes & Gray’s Life Sciences IP Litigation Chair Filko Prugo, and IP Transactions Partner Melissa Rones. Register (here)

On Thursday May 3rd in NYC, is Managing Intellectual Property’s PTAB Forum. This full-day program will move to Palo Alto on May 8th.

Last but not least is PLI’s PTAB Trials 2018 on May 15th in San Francisco (also available by webcast). The PLI program is the longest running and most widely attended PTAB-related CLE in existence. This year brings special segments dedicated to licensing and monetization strategies in Silicon Valley, as well as PTAB-centric prosecution practices. I am pleased to continue to chair this program alongside Robert Greene Sterne of the Sterne Kessler firm. (The New York stop of this program will be September 21st)

Hope you are able to attend one of these many upcoming programs.

Special PatentsPostGrant.Com Webinar Next Tuesday

In addition to the already scheduled webinar next Wednesday on Bio/Pharma Deals & Dispute Resolution in the PTAB Era, a special webinar entitled: Supreme Court Debrief: Oil States & SAS Institute:The Aftermath will be held on Tuesday, May 1, 2018 @ 1-2PM (EST) Register (here)

Yesterday, the Supreme Court issued opinions in both the Oil States and SAS Institute appeals. These opinions will have an immediate impact on proceedings at the Patent Trial and Appeal Board (PTAB), pending PTAB appeals to the Federal Circuit, and patent litigation strategies. The webinar will identify key takeaways from these opinions, and offer insights and discuss possible practice changes that will occur in the weeks/months ahead. Ropes & Gray speakers will be PTAB practice chair Scott McKeown, Appellate and Supreme Court practice chair Douglas Hallward-Driemeier, and patent litigator Matthew Rizzolo.

April Webinar to Explore Bio/Pharma Deals & Disputes in the PTAB Era

This month’s edition of the PatentsPostGrant.com free webinar series will be held on Wednesday May 2nd, 2018 @ 2PM. The April webinar is entitled: Bio/Pharma Deals & Dispute Resolution in the PTAB Era.

Register (here)

The emergence of the Patent Trial & Appeal Board (PTAB) as a forum for patent validity disputes has altered the business landscape of both innovator and generic companies alike. PTAB proceedings are now commonplace for Orange Book pharmaceutical patents and Purple Book biologic/biosimilar patents. An understanding of the business impact of these proceedings from both a transactional and litigation perspective is critical for successful, in-house navigation. Likewise, trends within and across these proceedings, including final patent validity outcomes, impact on traditional Hatch-Waxman procedures, types of patents (compound, formulation, method of use) involved, and the timing of challenges, are critical components to a successful litigation and portfolio development strategy.

Please join Ropes & Gray’s PTAB Chair Scott McKeown, Life Sciences IP Litigation Chair Filko Prugo, and IP Transactions Partner Melissa Rones for the upcoming webinar providing a holistic analysis of these important Bio/Pharma disputes.

The formal portion of the webinar will begin at 2PM 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. CLE credit will be provided (CA, NYC, VA).

PatentsPostGrant.com + IPO’s IP Chat Channel CLE This Week

I have written extensively about the threat of PTAB estoppel to established patent prosecution practices. This Thursday, I, along with my co-panelists, will explore PTAB estoppel as well as other aspects of res judicata and issue preclusion in the IPO Chat Channel program (2-3PM EST) entitled: Patent Prosecution Estoppel from PTAB Proceedings

Register: (here).  

On Wednesday, this month’s edition of the PatentsPostGrant.com free webinar series will be held @ 2PM (EST). The March Webinar is entitled: Evolution of PTAB Trial Practices.

Register: (here)

I am looking forward to both of these programs.

March Webinar to Explore the Evolution of PTAB Trial Practices

This month’s edition of the PatentsPostGrant.com free webinar series will be held on Wednesday, March 28th @ 2PM (EST). The March Webinar is entitled: Evolution of PTAB Trial Practices.

Register (here)

Program Description: The Patent Trial & Appeal Board (PTAB) has evolved significantly since first opening its doors in 2012 to accept AIA Trial petitions. Since that time trial institution rates have continuously tracked downward from 85+% to today’s 50-60% range. Likewise, it is now  more common for the PTAB to reverse course at the time of Final Written Decision (FWD). Trial strategies have also changed in response to the recent liberalization of the “appeal bar,” shifting of amendment burdens, and crackdown on multiple petition strategies. Looking forward into 2018, even more significant changes are on the horizon.

New strategies and tactics must be developed to keep pace with the constant recalibration of the nation’s busiest patent court.  Please join Ropes & Gray’s PTAB Chair Scott McKeown and litigation partner Jim Davis for the upcoming webinar discussing PTAB changes & emerging trends impacting 2018 patent disputes.

The formal portion of the webinar will begin at 2PM 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).

PTAB Bar Association & More

This month brings a host of Patent Trial & Appeal Board (PTAB) related CLE offerings.

First up is Managing Intellectual Property’s (MIP) U.S. Patent Forum on March 13th in New York City. This full-day forum will take an in-depth look at the USPTO & International Trade Commission (ITC) decisions of 2017 impacting patent monetization. The program also includes a segment: “Is the America Invents Act Weakening Licensing?” that will examine both tech and Bio/Pharma perspectives.

Next, up is the 8th Annual Patent & Administrative Law Conference on March 15th at American University in Washington D.C.  Co-hosted by Unified Patents, this program, in addition to discussing legal developments in IP, focuses on the unique administrative law issues raised in trial practice before the PTAB. The program includes “The PTAB & the Public Interest,” previewing expected changes and legislation in 2018.

Finally, on March 22-23rd is the sold out 2018 PTAB Bar Association Annual Conference at the Ritz-Carlton in Washington, D.C.  Pre-conference sessions will be offered March 21st. The conference will bring together practitioners, in-house counsel, and members of the bench for a dynamic discussion of the Patent Trial Appeal Board (PTAB) best practices, recent developments and trends.  This year, in addition to the PTAB Boot Camp, a Master Class will be offered for more seasoned practitioners. Finally, a special “Fireside Chat” with Director Iancu will take place on March 22, 2018 at 5 PM.

PTAB Trial Practice Changes & Evolution of Parallel Litigation

Two separate webinars this week for those looking to keep abreast of PTAB evolution and related litigation practices.

First, up, this month’s edition of the PatentsPostGrant.com free webinar series will be held on Thursday, February 22nd @ 2PM (EST). Roadblock PTAB: Litigation Strategies & IPR Antidotes. Register (here)

Then, on Friday February 23rd @ 1PM (EST), join me and Rob Greene-Sterne of Sterne Kessler for PLI’s one hour briefing: PTAB Trial Practice After Wi-Fi One: Challenges and OpportunitiesThis program will explore the now softened 314(d) appeal bar and the anticipated expansion of appellate issues, as well as corresponding impacts on PTAB trial practices. Register (here)

February Webinar to Explore Litigation Strategies & PTAB Antidotes

This month’s edition of the PatentsPostGrant.com free webinar series will be held on Thursday, February 22nd @ 2PM (EST). The February Webinar is entitled: Roadblock PTAB: Litigation Strategies & IPR Antidotes.

Register (here)

Program Description: In the 5+ years since their inception, AIA Trial proceedings have become invaluable tools for defendants facing patent infringement claims, and thorns in the side of many patent owners. As a result, patent owners have worked hard to more effectively navigate or even altogether circumvent the PTAB. Some of the strategies in the last year, which have faced varying degrees of success, include asserting patents in fast track jurisdictions such as the International Trade Commission (ITC), raising Constitutional challenges to the PTAB’s authority, and structuring ownership to include sovereign entities to leverage sovereign immunity defenses.

The February PatentsPostgrant.com webinar is presented by R&G PTAB Practice Chair Scott McKeown & IP Litigation Counsel Matt Rizzolo who will offer their insights and experiences relating to potential “PTAB antidotes” that have been used by patent owners, and will discuss how these and other strategies and tactics may fare in 2018 and beyond.

The formal portion of the webinar will begin at 2PM 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).