Inter Partes Review: Patent Litigation Strategy After the AIA
22 June 2012Web ConferencePast Event
June 22, 2012 3 p.m. EDT
Foley Partner Steven Rizzi spoke at a Web conference that was hosted by IncreMental Advantage on June 22nd, 2012. Mr. Rizzi's presentation was titled "Inter Partes Review: Patent Litigation Strategy After the AIA."
The key questions that were discussed throughout this program were:
Under the AIA's inter partes review, who bears the burden of proof for demonstrating unpatentability?
Under which sections of the Patent Act can challenges be brought to inter partes review?
What are the timelines for filing petitions for inter partes review? What are the fees?
What are the criteria for granting petitions for inter partes review?
To what extent do Federal Rules of Evidence apply to inter partes review?
How does the filing of Declaratory Judgment affect rights to pursue inter partes review?
When is estoppel triggered in the context of inter partes review?
How do discovery and Markman hearings in the context of inter partes review compare to traditional litigation?
How do stays work with regard to inter partes review?
How can failed patent challenges in inter partes review lead to a greater likelihood of the determination of willful infringement?
To what extent do intervening rights exist for new claims incorporated into patents after inter partes review ?