Agenda
Program Schedule
Monday, Jan 24, 2022
10:30 AM ET
PTAB 2022 – Day 1 – Opening Thoughts and Keynote
Gene Quinn
Scott McKeown
Senator Thom Tillis
11:00 AM ET
The PTAB Today: A Review of the PTAB Landscape and Important Rulings at Age 10
We begin by discussing PTAB evolution through 2021 and what aspects of the Iancu legacy have aided patent owners. Also, we will explore the most recent evolution in PTAB practice such as changes to settlement requirements, due process challenges that continue to fail, arbitration clauses that do not deprive the PTAB of jurisdiction, sua sponte claim construction and much more.…
Kayvan Noroozi
Gene Quinn
Nicholas Matich
Lori Gordon
We begin by discussing PTAB evolution through 2021 and what aspects of the Iancu legacy have aided patent owners. Also, we will explore the most recent evolution in PTAB practice such as changes to settlement requirements, due process challenges that continue to fail, arbitration clauses that do not deprive the PTAB of jurisdiction, sua sponte claim construction and much more.…
,1:00 PM ET
The PTAB Tomorrow: Top 5 Most Important Issues Facing the PTAB & New Director in 2022
With Director Vidal slated to lead the USPTO over the next few years, and pressure from Congress to recalibrate PTAB practice, what is expected under the new administration? Will discretionary practices under 314(a) change? What other initiatives are expected, or desired for adapting the Board to new litigation and market realities? CLE Materials Top Issues for the U.S. Patent and…
Meredith Addy
David McCombs
Scott McKeown
Teresa Rea
With Director Vidal slated to lead the USPTO over the next few years, and pressure from Congress to recalibrate PTAB practice, what is expected under the new administration? Will discretionary practices under 314(a) change? What other initiatives are expected, or desired for adapting the Board to new litigation and market realities? CLE Materials Top Issues for the U.S. Patent and…
,3:00 PM ET
The PTAB as the First Hurdle to Patent Monetization: How Patent Owners and Litigation Financers Deal with this Omnipresent Threat
From increasing damage awards into the billions of dollars, to a new hot patent court for plaintiffs in West Texas, to increased financing available from litigation funders to growth in competitor lawsuits with large entities looking to monetize their own portfolios, there is a changing face of patent litigation as we head into a post-pandemic world. Of course, the PTAB…
James Carmichael
Adam Gill
Joshua Harris
Sean Thompson
Sarah Tsou
From increasing damage awards into the billions of dollars, to a new hot patent court for plaintiffs in West Texas, to increased financing available from litigation funders to growth in competitor lawsuits with large entities looking to monetize their own portfolios, there is a changing face of patent litigation as we head into a post-pandemic world. Of course, the PTAB…
,4:15 PM ET
PTAB 2022 – Day 1 – Final Thoughts
Gene Quinn
Scott McKeown
Tuesday, Jan 25, 2022
10:30 AM ET
PTAB 2022 – Day 2 – Opening Thoughts
Gene Quinn
Scott McKeown
11:00 AM ET
Discretionary Denials: Has the WDTX Been Neutered?
With the WDTX being assailed by both Congress and the Judicial Conference, and the WDTX docket swelling to the point of unmanageability, has the WDTX already experienced its “golden age.” What benefits remain, and how should litigants be playing the changing Texas landscape? CLE Materials SCOTUS Denials of Apple and Mylan Petitions Unlikely to End Challenges to PTAB NHK/Fintiv Framework…
Kevin Greenleaf
Alison Richards
Todd Walters
Wendy Verlander
With the WDTX being assailed by both Congress and the Judicial Conference, and the WDTX docket swelling to the point of unmanageability, has the WDTX already experienced its “golden age.” What benefits remain, and how should litigants be playing the changing Texas landscape? CLE Materials SCOTUS Denials of Apple and Mylan Petitions Unlikely to End Challenges to PTAB NHK/Fintiv Framework…
,1:00 PM ET
Tactics & Strategies for Avoiding it All
Once an IPR has been filed the patent owner is afforded the opportunity to file a preliminary response. At this point, however, disputes will be viewed in a light most favorable to the petitioner (see 37 CFR 42.108(c)), which means the patent owner faces an uphill battle. The nature of the burden at this stage can and often does dictate…
Greg Gulliver
Matt Johnson
Michael Rosato
Once an IPR has been filed the patent owner is afforded the opportunity to file a preliminary response. At this point, however, disputes will be viewed in a light most favorable to the petitioner (see 37 CFR 42.108(c)), which means the patent owner faces an uphill battle. The nature of the burden at this stage can and often does dictate…
,3:00 PM ET
But Wait!… There’s More. The Resurgence of Reexamination
AIA trials were designed to replace patent reexamination. So why are reexamination filings on the uptick? And what can patent owners gain from patent reissue and reexamination that may help stave off future PTAB attacks, or otherwise rehabilitate a vulnerable portfolio? CLE Materials Unified Report: Reexaminations Double; Samsung, Apple and Google Dominate PTAB Filings Reexam After Failed IPR? Federal Circuit…
James Carmichael
Greg Gardella
David Ruschke
AIA trials were designed to replace patent reexamination. So why are reexamination filings on the uptick? And what can patent owners gain from patent reissue and reexamination that may help stave off future PTAB attacks, or otherwise rehabilitate a vulnerable portfolio? CLE Materials Unified Report: Reexaminations Double; Samsung, Apple and Google Dominate PTAB Filings Reexam After Failed IPR? Federal Circuit…
,4:15 PM ET
PTAB 2022 – Day 2 – Final Thoughts
Gene Quinn
Scott McKeown
Wednesday, Jan 26, 2022
10:30 AM ET
PTAB 2022 – Day 3 – Opening Thoughts
Gene Quinn
Scott McKeown
11:00 AM ET
Fighting Fire with Fire: Effectively Using Motions, Discovery & Experts to Make Your Case
In the trenches of PTAB trials, there are the day-to-day decisions that can turn the tide in favor of a party. What are these critical cross-examination and motion techniques? Is there an effective use of Motions to Exclude? What do you look for in an expert? What discovery if any should you expect, and what secondary considerations might patent owners…
James Davis
Kevin Laurence
Greg Gulliver
In the trenches of PTAB trials, there are the day-to-day decisions that can turn the tide in favor of a party. What are these critical cross-examination and motion techniques? Is there an effective use of Motions to Exclude? What do you look for in an expert? What discovery if any should you expect, and what secondary considerations might patent owners…
,1:00 PM ET
How to Avoid Obvious Mistakes with Obviousness Grounds
Beating back an obviousness ground at the PTAB is far different than the district court. Don’t bring a knife to a gun fight. Learn critical tactics and insights on what makes obviousness tick at the PTAB. Best practices for petitioners and Patent Owners will be discussed. CLE Materials PTAB Obviousness Ruling Reversed by CAFC, Clarifying ‘Reasonable Expectation of Success’ Standard…
Meredith Addy
Heath Briggs
James Murphy
Sarah Spires
Beating back an obviousness ground at the PTAB is far different than the district court. Don’t bring a knife to a gun fight. Learn critical tactics and insights on what makes obviousness tick at the PTAB. Best practices for petitioners and Patent Owners will be discussed. CLE Materials PTAB Obviousness Ruling Reversed by CAFC, Clarifying ‘Reasonable Expectation of Success’ Standard…
,3:00 PM ET
Reversing the Result: Motions to Reconsider, Arthrex Director Reviews, Appeals to the Federal Circuit
This panel will identify motions and appeals that have been successful and point out why they have been successful, giving insight into those issues and arguments that have the best chance to prevail when seeking to reverse a PTAB result. The panel will similarly identify those types of motions, appeals and arguments that routinely fail, and explain why. CLE Materials…
Meredith Addy
Reversing the Result: Motions to Reconsider, Arthrex Director Reviews, Appeals to the Federal Circuit
Scott McKeown
This panel will identify motions and appeals that have been successful and point out why they have been successful, giving insight into those issues and arguments that have the best chance to prevail when seeking to reverse a PTAB result. The panel will similarly identify those types of motions, appeals and arguments that routinely fail, and explain why. CLE Materials…
,4:15 PM ET
PTAB 2022 – Day 3 – Final Thoughts
Gene Quinn
Scott McKeown
Thursday, Jan 27, 2022
10:30 AM ET
PTAB 2022 – Day 4 – Opening Thoughts
Gene Quinn
Scott McKeown
11:00 AM ET
Litigating in Parallel with the PTAB: Do’s and Don’ts for Concurrent ITC and District Court Litigation
With the same claim construction standards now applied across all forums, what pitfalls await and unsuspecting petitioner or Patent Owner? Leveraging parallel records before the agency, motions to stay, judicial estoppel, and issue preclusion will be discussed along with best practices for fighting on two fronts. CLE Materials Sotera Stip Results in Institution Despite Co-Pending ITC Case, PTAB Litigation Blog The…
Gene Quinn
Matthew Rizzolo
Aarti Shah
Mitch Yang
With the same claim construction standards now applied across all forums, what pitfalls await and unsuspecting petitioner or Patent Owner? Leveraging parallel records before the agency, motions to stay, judicial estoppel, and issue preclusion will be discussed along with best practices for fighting on two fronts. CLE Materials Sotera Stip Results in Institution Despite Co-Pending ITC Case, PTAB Litigation Blog The…
,1:00 PM ET
Life Sciences and IPR: Orange Book & Biologic Patents at the PTAB
The USPTO has recently released a third report providing data on post-grant petitions filed at the PTAB against Orange Book and biologic patents. Although the report shows that such petitions represent only a small number of the petitions filed at the PTAB, namely 4% challenging Orange Book patents, and 2% challenging biologic patents, these IPRs challenge patents of high value. …
Stephanie Schonewald
Sharon Crane
Heather Petruzzi
The USPTO has recently released a third report providing data on post-grant petitions filed at the PTAB against Orange Book and biologic patents. Although the report shows that such petitions represent only a small number of the petitions filed at the PTAB, namely 4% challenging Orange Book patents, and 2% challenging biologic patents, these IPRs challenge patents of high value. …
,3:00 PM ET
The PTAB Future: Dissecting the “Restoring America Invents Act” and Potential PTO Reforms in a Vidal Administration
Dissecting the provisions of the RAIA and what changes are most likely in 2022. A look forward to the year in legislation, rulemaking, and policy changes. CLE Materials The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment Stakeholders Speak: Leahy Bill to ‘Restore the AIA’ is Too Unbalanced to Pass A Kinder, Gentler ‘Death Squad’: Ten…
Erika Harmon Arner
Tim Fink
Scott Weidenfeller
Scott McKeown
Dissecting the provisions of the RAIA and what changes are most likely in 2022. A look forward to the year in legislation, rulemaking, and policy changes. CLE Materials The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment Stakeholders Speak: Leahy Bill to ‘Restore the AIA’ is Too Unbalanced to Pass A Kinder, Gentler ‘Death Squad’: Ten…
,4:15 PM ET
PTAB 2022 – Day 4 – Final Thoughts
Gene Quinn
Scott McKeown
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