PTAB Masters™ 2024 IPW Studios, Ashburn, VA
Held January 29-30, 2024
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Event Session

Panel #8 – Ethics and IPR: Staying Out of Trouble at the PTAB*

January 30, 2024 @ 3:30 PM EST

3:30 PM ET
January 30, 2024

Panel #8 – Ethics and IPR: Staying Out of Trouble at the PTAB*

View Session Speakers

Pursuant to 35 U.S.C. 2(b)(2)(D), the USPTO is authorized to establish rules and regulations that “govern the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Office.” The Patent Statute further gives to the Director the authority, after notice and opportunity for a hearing, to suspend or exclude from further practice before the Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the ethics rules adopted by the Office in 37 C.F.R. 11.101 et seq., which were adopted by the USPTO in 2013 to mirror the ABA Rules.

This panel will discuss ethics rules and rules of the Patent Trial and Appeal Board that relate to representing parties before the USPTO, obligations of candor toward the USPTO, proper decorum when dealing with the Office, sanctions the PTAB can levy in the case of various improper actions by counsel, and ethics investigations by the Office of Enrollment & Discipline. Among other things, the panel will discuss:

(1) VLSI, OpenSky and Sanctions for Abuse
(2) Civility and Decorum
(3) The failure to disclose information to the PTAB vs. Misleading the PTAB
(4) Using AI without checking for accuracy and veracity

Materials

Vidal Awards VLSI Attorney Fees for OpenSky Abuse

What Vidal’s Sua Sponte Director Review of Unprecedented PTAB Sanctions Order Could Mean for PTAB Practice

Vidal Wants Input on Proper Sanctions for Withholding Evidence from PTAB

Ethics & IPR: Staying out of trouble at the PTAB

Survey:

https://www.surveymonkey.com/r/K8HG96B



Add to Calendar 06/23/2024 6:07 PM America/New_York Panel #8 – Ethics and IPR: Staying Out of Trouble at the PTAB*

Pursuant to 35 U.S.C. 2(b)(2)(D), the USPTO is authorized to establish rules and regulations that “govern the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Office.” The Patent Statute further gives to the Director the authority, after notice and opportunity for a hearing, to suspend or exclude from further practice before the…

Session Speakers

Erin Dunston

Erin Dunston

Partner

Panitch Schwarze Belisario & Nadel LLP

Scott McKeown

Shareholder, Post-Grant Proceedings Practice

Wolf Greenfield

Gene Quinn

President & CEO

IPWatchdog, Inc.

Amy Simpson

Partner

Holland & Knight

Judge Michael Tierney

Hon. Michael Tierney

Vice Chief Judge

Patent Trial and Appeal Board, USPTO

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