2020 VIRTUAL PTAB Bench + Bar
August 20, 2020 3:00 PM to 6:00 PM
Engage Directly with PTAB Leaders and Judges
Gain an edge by learning about the latest at the PTAB.
The 2020 Patent Trial and Appeal Board VIRTUAL Bench & Bar program helps you give your best to your clients by giving you an update on the PTAB from Chief Administrative Patent Judge Scott Boalick, two sessions on Trial Proceedings before the Patent Trial & Appeal Board, and the opportunity to discuss current issues with fellow practitioners and USPTO personnel.
Accelerate your knowledge on PTAB trial proceedings and surge ahead of your competition.
The PTAB Bench & Bar program is a three-hour program designed for new and experienced practitioners who want useful, timely content to help them in their practice before the PTAB.
- Discretionary denials
- Practical tips for briefing
- USPTO Administrative Patent Judges
- Experienced PTAB practitioners
3:00 pm Welcome (5 minutes)
Sharon Israel, Shook, Hardy & Bacon L.L.P., Chair, AIPLA PTAB Trial Committee and/or David Gosse, Fitch Even Tabin & Flannery LLP, Vice-Chair, AIPLA PTAB Trial Committee
PTAB Update (20-25 minutes) -- Chief Administrative Patent Judge Scott Boalick, USPTO Patent Trial & Appeal Board
3:30 pm Discretionary Denials: What Petitioners and Patent Owners Need to Know (45 minutes)
This expert panel will discuss the factors relevant to discretionary denials, following recent precedential decisions from the PTAB. The panel will provide perspectives from the USPTO, petitioners and patent owners, including a review of developments in the last year.
Moderator: Jon Bowser, Haynes & Boone
* Scott McKeown, Ropes & Gray LLP
* Bridget Smith, Lowenstein & Weatherwax LLP
* Vice Chief Administrative Patent Judge Tim Fink, USPTO
* Lead Administrative Patent Judge Kal Deshpande, USPTO
* Lead Administrative Patent Judge Linda Horner, USPTO
4:15 pm -- Practice Tips For Effective Briefing/Evidence At Each Stage of the Trial
PTAB judges and experienced practitioners will discuss practical tips for briefing in AIA trials, from the petition and the patent owner’s preliminary response, to the patent owner’s response and the petitioner’s reply, through sur-reply briefing that ties up the issues. The panel will also discuss the role of expert testimony at each stage.
Moderator: Teresa Stanek Rea, Crowell & Moring LLP
* Lora Green, Wilson Sonsini Goodrich & Rosati
* Joshua Goldberg, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
* Lead Administrative Patent Judge Jessica Kaiser, USPTO
* Lead Administrative Patent Judge Stacey White, USPTO
5:15 pm Small Group Meetup/Networking (45 minutes) - HOSTED ON A SEPARATE GoToMeeting PLATFORM. ROOMS OPEN AT 5:15 PM
- Ideas for Precedential Opinions or Issue for Potential POP Review - JOIN THIS SESSION
- Legal Experience and Advancement Program (LEAP) - JOIN THIS SESSION
- Motion to Amend Pilot Program - JOIN THIS SESSION
- Remote Hearings & Depositions Two sessions: REMOTE SESSION ONE REMOTE SESSION TWO
This session will provide an opportunity to network in small groups with judges and practitioners. Suggested discussion topics will include:
* Comments or concerns relating to remote hearings and depositions
* Thoughts on the motion to amend pilot program
* Questions about the Legal Experience and Advancement Program (LEAP) program
* Ideas for precedential opinions or issues for potential POP review.
This program is a free member benefit program and does not include CLE.
USPTO fee changes effective October 2, 2020
September 22, 2020The USPTO published a Final Rule on August 3, 2020 in a Federal Register Notice, announcing fee changes that take effect October 2, 2020. The Final Rule includes an approximate 5-10% increase to most fees impacted by the rule, with some larger increases, notably in issue and maintenance fees, maintenance late fees, and PTAB fees. Four fees were discontinued.
Shira Perlmutter Is Named Register of Copyrights
September 22, 2020AIPLA congratulates Shira Perlmutter on her appointment as the 14th Register of Copyrights. Her extensive experience in intellectual property law will be a tremendous benefit to the Office.
Employees’ Access to Files Thwarts Claim Under Anti-Hacking Law
September 11, 2020The US Court of Appeals for the Sixth Circuit on September 9, 2020, held that two former Royal Truck & Trailer Sales & Service Inc. employees didn’t violate the anti-hacking Computer Fraud and Abuse Act by forwarding and misusing confidential company information because they had permission to access it.
‘Jersey Boys’ Makers Defeat Copyright Claims at Ninth Circuit
September 9, 2020The US Court of Appeals for the Ninth Circuit on September 8, 2020, held that the musical “Jersey Boys” doesn’t infringe the copyright in a Four Seasons band member’s autobiography because any similarities between the works are based on historical facts.
Beauty Sales Rep Misled CVS Vendor Over Trademark, Court Affirms
September 8, 2020The US Court of Appeals for the Seventh Circuit on August 31, 2020, held that a beauty and personal care sales rep deceived a CVS Pharmacy distributor about her rights to use Carol’s Express as a trademark. Beauty Enters. v. Gregory, 2020 BL 328390, 7th Cir., No. 19-3491, 8/28/20.