Meeting the New Requirements for Post-Grant and Inter Partes Reviews and Supplemental Examination

Date: 
Thursday, August 2, 2012
Practice(s): 
Post-Grant Patent Group
Sponsor:
Strafford Publications
Location:
Webinar/Teleconference: 1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Greg Gardella, Scott McKeown and Jessica Harrison of Oblon Spivak will be presenting this webinar.  Details are below:

This CLE webinar will provide guidance for counsel to IP owners on post-grant practice since the America Invents Law and recent developments, including proposed rules on trial validity. The panel will discuss post-grant review proceedings, special transitional review of business method patents, and supplemental exams.

Description

The America Invents Act (AIA) reformed the U.S. Patent Law System in Sept. 2011 with a significant overhaul to post-grant patent practice before the U.S. Patent Trademark Office (USPTO), including:

  • Automatic stays of district court litigation.
  • Creation of a Patent Trial & Appeal Board (PTAB).
  • Substantial changes to patent reexamination practices.
  • New, fast-track, post-grant mechanisms for third-party challengers.
  • New estoppel provisions for ITC/district court actions.
  • Special review proceedings for business method patents.
  • Supplemental examination provisions for patent owners.

The evolution of validity-based patent changes before the USPTO and a number of recent developments, such as the PTO's proposed rules to govern validity trials, impact patent litigators, in-house counsel and stakeholders.

Outline

  1. America Invents Act
  2. Inter partes review
    1. Timing
    2. Request standard
    3. Process flow
    4. PTAB
    5. Implementation
    6. Litigation strategy going forward
  3. Post-grant review (including business method challenges)
    1. Differences relative to inter partes reexam
    2. Industry-specific issues
    3. Interface with litigation
    4. Comparison with European oppositions

Benefits

The panel will review these and other key questions:

  • How has the AIA transformed post-grant practice?
  • How do the changes of the AIA alter the strategic use of post-grant proceedings parallel to litigation?
  • What are the relevant deadlines and best practices for the new post-grant review process?

Following the speaker presentations, there will be an interactive Q&A.

Please click here or on the above link to register for the webinar.