2021 Virtual Patent Trial and Appeal Board Bench & Bar

Engage Directly with PTAB Leaders and Judge.  Gain an edge with this update on the latest at the PTAB.

The 2021 VIRTUAL Patent Trial and Appeal Board Bench & Bar program will be an informative, interactive program covering topics including practical guidance for AIA trials and ex parte appeals, as well as various PTAB initiatives. You can choose topics that interest you and engage with fellow practitioners and USPTO personnel in a series of smaller group settings. After learning about the latest developments in PTAB practice, stay for the networking session so you can connect with fellow practitioners and USPTO personnel.

The PTAB Bench & Bar program will be a four-hour program designed for new and experienced practitioners who want useful, timely content to help them in their practice before the PTAB, so they can give their best to their clients.

This event is free to attend. CLICK HERE TO REGISTER

AGENDA

1:00-1:20 pm ET: Welcome and Opening Remarks (20 min)

• Dave Gosse, Fitch Even Tabin & Flannery and Chair of PTAB Trial Committee of AIPLA
• Drew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO (Invited)

1:20-2:05: Breakouts #1 (45 min)

Attendees should select one of the following three break-out options when registering.

Option #1: Motions to Amend in AIA Trial Proceedings -- This session will provide an overview of the motion to amend pilot program and usage. Participants will consider various aspects of the pilot and how to improve the program.

• Lead Judge Jessica Kaiser, PTAB
• Trenton Ward, Finnegan Henderson Farabow Garrett & Dunner LLP

Option #2: Medley AIA Trial Considerations -- Prior art, how to prove it up, how to punch holes – discuss evidentiary motions to strike, motions for supplemental discovery, and rule changes re: burden of proof. This session will address several aspects of AIA trial proceedings including how to establish that a reference constitutes prior art for use in an AIA trial.

• Senior Lead Judge Kal Deshpande, PTAB
• Lead Judge Scott Moore, PTAB
• Bridget Smith Lowenstein & Weatherwax LLP

Option #3: Recent developments in Ex Parte Appeals -- This session will cover new initiatives that the PTAB has released to expedited ex parte appeals as well as provide recent statistics on the outcome of appeals before the Board. Participates will consider example fact patterns and advise hypothetical clients on which initiatives to use to achieve certain strategies.

• Judge Eric Jescke, PTAB
• Judge Mike Cygan, PTAB,
• Patent Attorney Tom Volper, PTAB
• Sal Bezos, Sterne Kessler Goldstein & Fox and Vice Chair of the PTAB Trial Committee of AIPLA

2:05-2:15: Break (10 min)

2:15-2:45: Practical Tips for Oral Argument (30 min)

Practitioners and judges will discuss how they prepare for arguments—the weeks before, the day before, and the day of the argument.

• Lead Judge Georgianna Braden, PTAB
• Lead Judge Phil Kauffman, PTAB
• Dave Gosse, Fitch Even Tabin & Flannery and Chair of PTAB Committee

2:45-3:15: Arthrex and the New, Interim Director Review Process (30 min)

Practitioners and judge will discuss the Supreme Court’s decision in Arthrex, the creation of a new, interim process for Director Reviews of final written decisions in AIA trial proceedings, and strategies for taking advantage of this process.

• Vice Chief Judge Scott Weidenfeller, PTAB
• Senior Lead Judge Kal Deshpande, PTAB
• Dave Gosse, Fitch Even Tabin & Flannery and Chair of PTAB Subcommittee

3:15-3:45: Breakouts #2 (30 min)

Attendees should select one of the following three break-out options when registering.

Option #1: Legal Experience and Advancement Program or LEAP -- This session will provide an introduction to the Legal Experience and Advancement Program, the benefits of using this program, and training opportunities available through the program.

• Judge Amanda Wieker, PTAB
• Lead Judge Stacey White, PTAB
• Judge Kristi Sawert, PTAB
• Tim Tang, Sterne Kessler Goldstein & Fox
• Tyler Del Rosario, Sughrue Mion PLLC
• Greg Israelsen, WilmerHale

Option #2: Expanding American Innovation -- This session will present an overview of the National Council for Expanding American Innovation, its mission, and what you can do to get involved in promoting innovation for under-resourced innovators.

• Valenica Martin Wallace, Deputy Commissioner for Patents and Executive Lead for the National Council for Expanding American Innovation (NCEAI)

Option #3: Diversity in the IP Community -- This session will consider diversity in the IP community and ways in which law firms, corporations, and the government are changing.

• Lead Judge Chris Paulraj, PTAB
• Supervisory Patent Attorney Krista Flanagan, PTAB
• Palash Basu, Nixon Peabody
• Terry Rea, Crowell & Moring

3:45-3:55: Break (10 min)

3:55-4:15: Fireside Chat and Closing Remarks (20 min)

• Chief Judge Scott Boalick, PTAB
• • Sal Bezos, Sterne Kessler Goldstein & Fox and Vice Chair of the PTAB Trial Committee of AIPLA

4:15-5:00: Networking (45 min)

This event is free to attend. There is no CLE.

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