Lessons From the Inaugural Year of New Post-Grant Patent Office Proceedings: What Separates the Winners From the Losers?

Featured Speakers

C. Edward Polk, Jr., Former USPTO Associate Solicitor, Current Chief Litigation Officer at Exela Pharma Sciences, LLC

Andrew S. Baluch, Former expert legal advisor to the Under-Secretary & Director of the USPTO, Current Vice Chair of the Patent Office Trials Group at Foley & Lardner LLP

Stephen B. Maebius, IP Partner with Foley & Lardner LLP, member of Patent Office Trials Group

Nearly a full year after the implementation of the new post-grant Patent Office proceedings and some 300+ cases later (counting both inter partes review and covered business method proceedings), the early adoptors who have launched a case, or have been pulled into one, are uncovering thorny questions that have not been addressed by the complex and intricate new rules. Compounding the challenge is that many of us, including the administrative law judges, are taking the walk for the first time.

In this installment of our Patent Nation Web Conference Series, we will address roadblocks, pitfalls, and potential short-cuts that could divide winners from losers as they experience the new Patent Office trials.

Topics will include:

• How will Fresenius v. Baxter (Fed. Cir. 2013) impact post-grant proceedings?
• Coordinating parallel litigation, post-grant proceedings, and ex parte prosecution
• What circumstances would make IPR/CBM/PGR a particularly effective arsenal in offensive or defensive strategy?
• Top 10 lessons gleaned from case proceedings to date and implications
• Discovery and estoppel implications

This briefing is tailored for corporate executives and in-house counsel who are familiar with the AIA post grant proceedings.

There is no cost to participate in this program; however, pre-registration is required.

Participants are encouraged, upon registration, to submit questions via email for discussion during the program. To submit a question, or for additional information, please contact Sivan Galinsky at sgalinsky@foley.com.

This Web conference is expected to last for 60 minutes. Instructions for accessing the Web conference will be provided upon completed registration.