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Robert Magee
Partner | Blue Peak Law Group LLP
Reena Kuyper
Patent Agent | Patent Law Works
Anna Dwyer
Partner | Blue Peak Law Group LLP

Significant Court Decisions and Developments at the PTAB | On-Demand Webinar

Broadcast Date: Wednesday, October 25, 2023 | 12:00 PM – 1:00 PM ET

The patent law landscape is continuously evolving as the United States Patent and Trademark Office (USPTO) considers several changes through the Advance Notice of Proposed Rulemaking (ANPRM). The ANPRM seeks comments on the proposed changes to America Invents Act trial proceedings which includes a myriad of proposed rules concerning the institution of post-grant review proceedings and discretionary denials under 35 USC 314(a), 324(a), and 325(d).

This notable development underscores the need for patent owners and practitioners to stay in the loop and keep their eyes open for potential reforms on PTAB practices. Effective use of proceedings is paramount to have a robust patent defense strategy.

This course offers an in-depth discussion of the latest developments in PTAB. In a LIVE Webcast, a panel of key thought leaders and practitioners will discuss the notable court decisions that will impact PTAB operations moving forward as well as the best strategies to successfully navigate this area of law.

Key Topics:

  • Recent and Most Significant Developments in PTAB
  • Notable Court Decisions
  • Emerging Litigation Issues and Challenges
  • Best PTAB Practices
  • An Outlook of What’s Ahead

Agenda:

SEGMENT 1:
Robert Magee, Partner
Blue Peak Law Group LLP

  • Brief recap of Arthrex and the POP process
  • Structure of DRP
  • Availability of Director Review
    • Process (e.g. timing, limitations, content, etc.)
  • Determinations on Granting Review
    • Different standards for institution decisions vs final decisions
    • Sua Sponte Review
  • Consequences of Review:
    • Effects of decisions, review of decisions, appeal

SEGMENT 2:
Reena Kuyper, Patent Agent
Patent Law Works

  • Resurgence of ex parte reexaminations (since 2019) – critical tool and speedy option in patent litigation/licensing negotiations
  • Increase attributable to several primary reasons:
    • 1) Fintiv (35 U.S.C. § 314(a)) & 35 U.S.C. § 325(d) discretionary denials
    • 2) threshold for granting a reexam is lower than for institution of IPR
    • 3) petitioner may raise multiple validity challenges with no page limit
    • 2) failed IPR/PGR on the merits
    • 3) infringers seeking to avoid PTAB-related estoppels or delay filing at the PTAB until after a 35 U.S.C. § 315 bar
  • Powerful tool for defendants to attack validity without estoppel risks
  • Impact of the Vivint Federal Circuit decision
  • Provisions of APA in PTAB Proceedings to Constrain PTAB’s Actions
  • Reexam Complexities & Strategies

SEGMENT 3:
Anna Dwyer, Partner
Blue Peak Law Group LLP

  • 35 U.S.C. § 314(a)
  • S5 U.S.C. § 325(d)
  • Current 314(a) PTAB legal framework – General Plastic and Apple v. Fintiv
  • Current 325(d) PTAB legal framework – Advanced Bionics and Becton Dickinson
  • Director Vidal’s Interim Guidelines on PTAB discretionary denials
  • Recent PTAB case developments on discretionary denials
  • Strategies for practitioners

Who Should Attend:

  • Patent Law Attorneys and Consultants
  • Intellectual Property Attorneys
  • Patent Managers
  • Patent Agents
  • Patent Licensing Attorneys

Register for this course by clicking the “Take this Course” at the top of the page.

CLE Credit:

Course Level: Intermediate | Advance Preparation: Print and review course materials

Method of Presentation: On-Demand Webinar | Prerequisite: General knowledge of patent law

Course Code: 1410830 | Total Credits: 1.0 CLE

Instructions for Participating the Live Webinar

    • Please Register for the course by clicking the "take the course: button if you have not already registered.
    • Check Your Email – 24 hours before the webinar, you will receive an email with all necessary instructions, including access details and course materials. This information will also be posted here in this window when it is available.
    • Download Course Materials – Course materials will be available for download **24-48 hours before** the live webinar. Be sure to review them in advance. The Link to download is available by clicking the lesson tab.
    • Join the Webinar – Follow the instructions in the email to access the live broadcast at the scheduled time.
    • Note the Secret Words – During the webinar, secret words will be announced periodically. Please write them down.
    • Take the Quiz – After the webinar, click on the quiz link below and enter the secret words to complete the quiz.
    • Print Your Certificate – Upon completing the quiz, you will be able to print your Certificate of Attendance, which includes instructions on how to obtain CLE, CPE, or other applicable credits for the course.
    • On-Demand Access – The on-demand version of this course will be available 24-48 hours after the live webinar. If you miss the live presentation or need to review the content, you will have access to the on-demand version as an enrolled student. To access on-demand content, click the lesson and follow the instructions.
    • Support: If you have any questions, please refer to the email instructions or contact support: support@theknowledgegroup.zohodesk.com.