January Webinar to Focus on PTAB Appeals to the CAFC

This month’s edition of the PatentsPostGrant.com free webinar series will be held on Wednesday January 31st @ 2PM (EST). The January Webinar is entitled: Building Winning PTAB Appeals to the Federal Circuit. With the Federal Circuit’s affirmance rate for PTAB appeals hovering at around 70%, and with such appeals approaching 50% of the Federal Circuit’s docket, successful appellate advocates must not only stand out from the crowd, but build winning trial records from Day 1. This task is easier said than done with the accelerated pace of PTAB trials, limited discovery, and recent recalibration of the appeal bar in Wi-Fi One v. Broadcom.

The January PatentsPostgrant.com webinar is presented by R&G PTAB Practice Chair Scott McKeown & Appellate/Supreme Court Practice Chair Douglas Hallward-Driemeier who will offer their insights and experiences in  building winning PTAB appeals to the Federal Circuit. Register (here)

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).

Chief to Discuss Current PTAB Developments

The USPTO’s Patent Trial & Appeal Board (PTAB) is holding a “Chat with the Chief” webinar tomorrow, Tuesday, Dec. 19 from noon to 1 p.m. ET.  The free webinar will explore recent developments in PTAB practice.  Chief Judge David Ruschke will discuss recent agency guidance such as Aqua Product guidance for motions to amend, new procedures for handling remands, and the expanded panel process.

The webinar is free and open to everyone to attend. Access information is available here.

AIPLA Webinar Today 12:30-2PM (EST)

For those needing those pesky CLE ethics credits before year end, consider today’s AIPLA webinar Ethics Issues in PTAB Proceedings. (register here)  – 1.5 Ethics credits are offered.

Course Description: AIA trial proceedings present heightened risks for practitioners unaccustomed to participating in a live, patent prosecution history. Unlike traditional court-based trial proceedings, the PTAB layers on additional ethical requirements and duties of candor for practitioners. Counsel for patent owners that successfully navigate an AIA trial proceeding are particularly vulnerable in this regard. Winning at the PTAB may result in such practitioners being thrust into an inequitable conduct phase of a later district court suit. This panel will provide an overview of the ethical obligations of parties and counsel, including the duties of candor and good faith, as well as the PTAB’s still-evolving disclosure obligations. The panel will also examine recent developments, the role of the Office of Enrollment & Discipline (OED) and recent cases assessing allegations of misconduct and considering the imposition of sanctions.

 

Best Practices for Presenting Prior Art

Join the PTAB for the final Boardside Chat webinar of 2017 today, Dec. 7 from noon-1 p.m. ET. The chat will discuss “Best Practices for Presenting Prior Art References and Proving a Document is a Printed Publication.”

PTAB Judges Lora Green and Brian McNamara will present and address audience questions. This topic is relevant to both ex parte appeal and AIA trial proceedings. The webinar is free and open to everyone. (view here)

Functional Claiming & PTAB Ethics in December

For those seeking some CLE before the holiday break, there are some interesting webinars on the immediate horizon.

Today, on the IPO Chat Channel, Functional Claiming After Mastermine Software v. Microsoft.  Functional claiming and definiteness standards will be analyzed in view of recent Federal Circuit decisions. (register here)

Later this month, AIPLA offers a PTAB related webinar: Ethic Issues in PTAB Proceedings (register here)

Special PatentsPostGrant.com Webinar Tuesday 11/28

Today 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.  (Follow me on Twitter @PatentPostGrant for thoughts immediately following the arguments.)

Tomorrow, 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 McKeownDouglas 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).

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.