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The Patent Trial & Appeal Board (PTAB) continues to evolve at a rapid pace. The new leadership of Under Secretary Iancu has brought significant PTAB practice changes to date — with much more to follow in 2019. These changes include a newly proposed amendment Pilot Program, new strategies for adapting to the newly implemented Phillips claim construction standard, and a host of precedential decisions impacting changes to trial and institution practices. Additional modifications at the agency include new section 101/112 guidelines, and ever evolving trial practices. Together, these developments have led to a vastly different PTAB as compared to 2018.
In addition to the adjustments of the agency, recent decisions from the United States Court of Appeals for the Federal Circuit (CAFC) drive still further practice and strategy considerations for practitioners. Issues such as RPI/privity, collateral estoppel, and printed publications have been further refined by the Court. Given the recent changes, it is all the more critical that PTAB strategy be aligned with traditional infringement litigation practices.
As PTAB practice evolves, so does the patent monetization landscape. With further changes on the horizon for 2019, it is critical to develop new case management strategies, including concurrent patent prosecution and PTAB tactics, options, and PTAB exit strategies.
What You Will Learn
- NEW! The State of the U.S. Patent System: an intimate conversation with the Former CAFC Chief Judge and Former USPTO Director
- Learn how to prosecute and build patent portfolios to thwart later PTAB challenges
- Understand the intersection and impact of the PTAB on licensing practices across predictable and unpredictable technologies
- Hear new tactics, evolving risks and trial institution best practices used for preliminary proceedings
- Understand the intricacies of the Article I Trial Court, including discovery, briefing, motion practice and amendment
- Discover how to best license and navigate efficient infringement
- Explore strategies to best prepare for the final written decision, rehearing and appeals to the CAFC
- Find out how to stay district court and/or ITC proceedings and leverage the PTAB journey in active litigation
Who Should Attend
USPTO Post-Grant Patent Trials 2019 remains the most comprehensive and longest-running post-grant patent program for patent owners and investors; corporate counsel; patent litigators; patent advisers, owners, and analysts; and patent professionals. Join our expert faculty for a deep-dive practical analysis of these critical post-grant trial proceedings.