Speaking Engagement

PLI's USPTO Post-Grant Patent Trials 2017

Monday, September 25, 2017 - Tuesday, September 26, 2017

12:00 AM BST - 12:00 AM BST

New York City

Join our expert faculty, including PTAB and District Court Judges, for an in-depth analysis of the USPTO’s post-grant patent trial (“AIA Trial”) proceedings.  AIA Trial proceedings continue to be pursued in record number, and the PTAB is now the busiest patent court in the United States. Moreover, the CAFC is now considering a substantial new workflow based on AIA Trial decisions. These CAFC decisions are not only evolving PTAB trial practices, but all aspects of patent enforcement and procurement. Stakeholders and the courts alike recognize the significant impact of these proceedings on litigation strategies and patent monetization efforts. The new monetization landscape demands the development of alternative case management strategies, requiring consideration of concurrent PTAB tactics and options. AIA Trial proceedings are currently used to resolve patentability challenges, reduce costly litigation proceedings, reduce damage exposure, mitigate possible injunctive relief, accelerate settlement, and foster predictability. The first obstacle to patent monetization is now an Article I court, with specialized procedures and expert judicial insight. Are you prepared?

What You Will Learn

  • New for 2017! Notable rule change impacts, increasing feedback from the CAFC and Supreme Court, and emerging trends driven by the expanding PTAB workflow

  • New for 2017 in NY Only! The intersection of Pharma/Bio at the PTAB

  • New for 2017 in SF Only! Patent monetization/licensing in Silicon Valley – navigating PTAB roadblocks

  • The role of AIA Trial proceedings as a component of a litigation strategy, including pre-trial and post-trial options

  • Strategic considerations, including procedural traps for the unwary, will be identified

  • The relative advantages and disadvantages of the various proceedings explained from the perspectives of both the Patentee and Third Party

  • Perspectives of the judiciary presented by PTAB and District Court Judges, including case studies of well-known disputes

Paul Hasting's Naveen Modi will be speaking.September 25, 2017 at 11:30amThe Article I Trial Court: Mechanics – Discovery, Motion Practice & AmendmentAn AIA Trial is conducted on paper and spans from the end of the preliminary proceeding until the final written decision (FWD) of the PTAB. During such time “routine” discovery is available and “additional” discovery may be sought. Leading practitioners will examine the unique PTAB discovery standards, practices and pitfalls, expert declarations, depositions, the patent owner response, the petitioner reply, as well as common motion practice, observations, and working with the PTAB to resolve disputes. The unique amendment practices of the PTAB will also be explored, together with concurrent patent reissue, reexamination joinder and settlement scenarios.Timothy E. Bianchi, Eldora L. Ellison, Naveen Modi

Location:PLI New York Center1177 Avenue of the Americas, 2nd FloorEntrance on 45th StreetNew York, NY 10036

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