transcript   Transcript

Parallel Patent Office Proceedings

Recorded on: Nov. 21, 2016
Running Time: 01:00:56

Full Transcript:

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Taken from the Web Program Patent Litigation 2016 recorded November, 2016 in New York.

Parallel Patent Office Proceedings [01:00:56]

Initially post-grant proceedings in the U.S. Patent Office continue to be a strategy for parties against whom a patent has been asserted. A Patent Office proceeding might be initiated in anticipation of litigation or filed soon after litigation has begun. A parallel Patent Office proceeding is often a basis for seeking a stay of the more costly district court proceeding and/or used to bring the patentee to the bargaining table. Recent statistics reflect the continued popularity of filing of inter partes review (IPR) and covered business method review (CBM) proceedings following AIA, as well as a high rate of success. Patent Office proceedings are also attractive because a more specialized tribunal may be beneficial for certain technical defenses. This session will also address the effects of any such post-grant proceedings on litigation, including stays, as well as the potential effects on collateral estoppel, claim construction positions, willfulness charges, inequitable conduct claims, and on damages and intervening rights.

Richard F. Martinelli

The purchase price of this segment includes the following article from the Course Handbook available online:

  • Review of Recent PTAB Procedural and Evidentiary IPR Rulings (July 15, 2016)
    Jeffrey N. Costakos
  • AIA Trials and Their Impact on Related Litigations
    Richard F. Martinelli

Presentation Material

  • Parallel Patent Office Proceedings
    Richard F. Martinelli
Richard F Martinelli ~ Orrick, Herrington & Sutcliffe LLP
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