USPTO Post-Grant Patent Trials 2013 – New York

March 27, 2013
Practising Law Institute (PLI)
New York, NY and Webcast: 9:00am EST

Scott McKeown is co-chair of the above program and will be speaking on "Post-Grant Strategies and Tactics".  Michael Kiklis will be speaking on "Discovery Practice Before the PTAB".

Program Overview:

Post-grant patent proceedings were pursued in record numbers at the USPTO in 2012. The substantial costs and uncertainty of patent litigation require the development of alternative case management strategies, which at least require consideration of challenging patents at the USPTO. To this end, patent reexamination remains a viable alternative to costly litigation or a parallel path to enhance litigation positions. Yet due to the public outcry for even more robust USPTO post-issuance proceedings, the America Invents Act (AIA) introduced entirely new options such as Post-Grant Review, Inter Partes Review (which replaced inter partes patent reexamination), Derivation Proceedings, and a special post-grant review for Covered Business Method patents. Going forward into 2013, it is anticipated that the USPTO will become an even more prominent battleground for patent disputes.

Mr. McKeown's presentation:

Post-Grant Strategies and Tactics

  • The challenger perspective
  • The patent owner perspective
  • Portfolio considerations
  • Estoppel
  • When, what, and why to challenge patentability at the USPTO instead of validity in the District Court or the ITC

Mr. Kiklis' presentation:

Discovery Practice Before the PTAB

  • Pretrial discovery options
  • Initial disclosures
  • Protective orders
  • Discovery standards
  • Expert declarant selection and cross-examination
  • Impeachment and use of inconsistent statements
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