Background - News & Events (Landing) 2016
Past Events

PLI - USPTO Post-Grant Patent Trials 2016

March 31-April 1, 2016 • San Francisco, CA

Site: PLI California Center
Address: 685 Market Street, San Francisco, CA

Join an expert faculty, including PTAB and District Court Judges, to learn all you need to know about critical Post-Grant proceedings. Over the past 12 months, post-grant patent challenge proceedings have been pursued in record number. The CAFC is now seeing the beginning of a substantial new workflow based on PTAB trial decisions. These CAFC decisions are not only evolving PTAB trial practice, but all aspects of patent enforcement and procurement.  As the level of filing continues to accelerate well beyond initial expectations, both the public and the courts recognize the value and threat of these fast-track administrative proceedings.  The substantial costs and uncertainty of patent litigation has encouraged the development of alternative case management strategies, which at least require consideration of challenging patents at the PTAB as the first, true alternative to costly, uncertain, and time-consuming litigation. These administrative 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.

Since September 16, 2012, when the new challenge proceedings under the America Invents Act (AIA) became operational, PTAB options, such as Inter Partes Review (which replaced inter partes patent reexamination) and a special post-grant review for Covered Business Method patents, have been widely embraced by patent challengers making the PTAB the busiest patent court in the U.S. On March 16, 2013, the USPTO began to accept patent applications under the “first-inventor-to-file” system. As these applications begin to issue as patents, Post-Grant Review (PGR) has become available (two have already been petitioned) to challenge these patents during the first 9 months after issuance.

Intellectual Property Group Partner Terry Rea is a panelist at this event. Her topic: "Fighting on Two Fronts: Optimal Strategy and Tactics in the Post-Grant Trial World, Including Parallel Litigation Proceedings."

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