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Recent Blog Posts

  • Upcoming PTAB CLE PTAB Boot Camp & More  For those seeking some PTAB related discussion/CLE in the weeks ahead, there are a number of upcoming programs.    First up, next Friday October 7th, the George Washington University Law School will host an IPR-CBM Roundtable Discussion (here) from 12-6PM in the Faculty Conference Center; Fifth Floor, Burns Building Washington, DC 20052. (CLE is not offered for this program)  On October 18-20th the PTAB Bench & Bar Conference will be held at the Center for American & International Law in Plano... More
  • Forum Selection & PTAB Estoppel Burden 315(e) Estoppel as an Affirmative Defense  As most are aware, completed AIA trial proceedings have estoppel consequences for failed petitioners.  For example, an unsuccessful Inter Partes Review (IPR) petitioner of a given patent claim, real party in interest, or privy of the petitioner, is estopped from asserting that the same claim is invalid in a civil or ITC action on any ground that the petitioner raised or reasonably could have raised during the failed IPR. (35 U.S.C. § 315 (e)(2)). The same... More
  • Reminder: PatentsPostGrant.Com Free Webinar Tomorrow Leveraging PTAB Trial Records in the District Court  Tomorrow, is the September edition of the PatentsPostGrant.com free webinar series (September [email protected]:30PM (est)). The webinar is entitled: Leveraging PTAB Trial Records in Concurrent Litigation (speakers: Scott McKeown & Greg Gardella).  As the title suggests, the webinar will focus on utilizing PTAB fact finding and decisions in case dispositive pleadings, Markman and more. Register (HERE). (or copy the following link into your web browser: to https://oblon.webex.com/oblon/onstage/g.php?MTID=e0f385735ab0c84ab7bd0b15e722d42a3  The formal portion of the PatentsPostGrant.com webinar will begin at 12:30 Eastern... More
  • PTAB Bar Association Launches Today 30 Years Since the Formation of the Last National IP Bar Association  What better day to launch the new Patent Trial & Appeal Board (PTAB) Bar Association than on the 5th year anniversary of the enactment of the America Invents Act (AIA). I am honored to have been involved with the creation of the only bar association solely dedicated to practice before the PTAB, and to serve on its inaugural Board of Directors. The organization will help establish best practices for this unique forum, foster... More
  • The Evolution of PTAB Trials Four Years of PTAB Trials I've read quite a few AIA retrospectives over the last week in the run up to Friday's AIA anniversary. Almost all pose the rhetorical question: "who could have predicted the PTAB would become so impactful?" Well, for starters anyone up to their armpits in NPE lawsuits with the only available USPTO solution being patent reexamination, that's who.  Prior to the AIA the pent up rage/demand for a more effective USPTO post-grant challenge solution was palpable. For... More