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Scott McKeown

Shareholder, Post-Grant Proceedings Practice

Wolf Greenfield

Scott McKeown is a shareholder in Post-Grant Proceedings Practice at Wolf Greenfield. His practice focuses on post-grant patent counseling and litigation matters at the US Patent and Trademark Office (USPTO) and related appeals to the US Court of Appeals for the Federal Circuit (CAFC). Scott handles all aspects of post-issuance patent proceedings, with a particular focus on administrative trials before the Patent Trial and Appeal Board (PTAB), such as inter partes review (IPR) and post-grant review (PGR). He also provides advice on USPTO post-grant proceedings concurrent with complex International Trade Commission (ITC) and district court litigations.

Named one of the world’s leading patent practitioners for post-grant proceedings by Intellectual Asset Management, Scott is one of the most active PTAB trial attorneys in the US, having handled more than 400 PTAB matters since 2012, including those in which more than $500 million was at stake. He currently serves as lead post-grant counsel to some of the world’s best-known innovators and has handled some of the most noteworthy PTAB trials to date, including the only precedential decision on live testimony.

Recent Articles by Scott McKeown

Patent Trial and Appeal Board Year in Review: The Top Five PTAB Developments of 2021

Noteworthy 2021 developments at the Patent Trial and Appeal Board (PTAB) were primarily driven by oversight—via the United States Patent and Trademark Office (USPTO) Director, Supreme Court and Federal Circuit—rather than by new rules or policy of the agency. After the highly anticipated Arthrex decision fizzled at the Supreme Court, the most significant 2021 development may be former Director Iancu’s departure and legacy of decidedly pro-patent owner policies. That legacy is increasingly under attack. From the Biden administration’s nomination of a new director, to legislative proposals, to Congressional pushback on Section 314(a) discretionary denials of institution (especially as they relate to the Western District of Texas), to lawsuits challenging the practice as an Administrative Procedures Act violation, change is afoot. The coming year is sure to see recalibration of current PTAB practices.

BRI and Phillips are No Different – Unified Patents Responds

Unified Patents Inc. explained in its amicus brief in Cuozzo Speed v. Lee that “[t]he phrase ‘broadest reasonable interpretation’ describes the same procedure applied in both the PTO and by the courts.” An inconvenient truth for Cuozzo — but a truth nonetheless. Gene attacked Unified Patent’s position here last Sunday as “false on its face” and “unequivocally incorrect.” Those pejoratives miss the point of Unified’s brief. Unified did not argue that the courts and PTO both apply BRI in name; indeed, Cuozzo would lose his semantic gripe if that were the case. Rather, Unified argued that peeling away the Phillips and BRI labels reveals that both standards employ the same procedure. On this point, Unified’s position is hardly controversial, and Unified is hardly alone.

Upcoming Events with Scott McKeown

Past Events with Scott McKeown

PTAB Masters™ 2024

Held January 29-30, 2024

Life Sciences Masters™ 2023

Held October 16-18, 2023

IPWatchdog LIVE 2023

September 17-19, 2023

Webinar: PTAB Rules – The Good, The Bad and The Ugly

June 1, 2023 @ 12:00 pm - 1:00 pm EDT

Patent Litigation Masters™ 2023

Held May 15-17, 2023

PTAB Masters™ 2023

Held on 1/31/23 - 2/01/23

IPWatchdog LIVE 2022

September 11-13, 2022

PTAB Masters™ 2022

January 24–27, 2022

IPWatchdog Virtual PTAB Masters™ 2022

January 24, 2022 @ 10:30 am - January 27, 2022 @ 4:30 pm EST

IPWatchdog LIVE 2021

September 12-14, 2021

IPWatchdog Virtual PTAB Masters™ 2021 – Winning at the PTAB

April 19, 2021 @ 11:00 am - April 22, 2021 @ 2:00 pm EDT

SAS and Oil States: How Much Has the PTAB Game Changed?

May 2, 2018 @ 12:30 pm - 1:30 pm EDT

PTAB Trial Practice After Wi-Fi One: Challenges and Opportunities

February 23, 2018 @ 1:00 pm - 2:00 pm EST