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8.50 Opening remarks by Managing IP
9.00 Patent Trial and Appeal Board: top issues after four years
- Overview of settlements from the past year to establish ongoing trends
- Case study: scope of discretion in institution and estoppel – Shaw Industries v
Automated Creel Systems
- What is reviewable in institution decisions and how can you challenge the decision?
- Examining the inconsistences between the district court and federal circuit in
Mark Selwyn, partner, WilmerHale (moderator)
Judge David Ruschke, chief PTAB judge, USPTO
Joseph Haag, partner, WilmerHale
9.50 Adapting to PTAB Rule Changes & Complying with the Administrative Procedures Act (APA)
- Analysing the impact of the rule changes – what’s different?
- How the introduction of testimonial evidence has impacted proceedings
- Discretion and reviewability at the PTO
Scott McKeown, partner, Oblon (moderator)
10.40 Coffee break and networking
11.10 PTAB & the Federal Circuit
- Back log: can the appeals court cope with the case load - are rule 36 affirmances on the increase?
- Role of federal circuit in PTAB appeals
- Recent decisions – are we leaning towards new examination guidelines?
Darren Donnelly, partner, Fenwick & West (moderator)
Deanna Kwong, IP litigation counsel, Hewlett Packard Enterprise
Charlene Morrow, partner, Fenwick & West
12.00 PTAB & the District Court
- Interface between district court litigation and inter parte reviews in post-grant
- Tracking the ‘stay motion’ success rate – why is there discrepancies between districts?
- Timing is everything: identification of real party in interest
- Effective obviousness rationales at the district court and PTAB
Gary Ropski, partner, Brinks Gilson & Lione (moderator)
Kim Schmitt, managing counsel, litigation group, Intel
Qudus Olaniran, patent attorney, Microsoft
Miyoung Shin, partner, Brinks Gilson & Lione
12.50 Lunch and networking
13.50 Precedential and informative decisions designated by PTAB
- Tips to incorporate the precedential and informative decisions into your strategy
- What have we learned from Cuozzo v Lee?
- Top cases to watch over the next 12 months
Lissi Mojica, principal, Brooks Kushman (moderator)
Sangeeta Shah, shareholder, Brooks Kushman
14.40 PTAB practice updates for pharma and biotech companies
- Pharmaceutical inter parte reviews: how to make your company IPR ready
- Important IPR cases and key decisions from the past year
- Should pharma patents be treated as a special case?
Paul Barker, partner, Finnegan Henderson Farabow Garrett & Dunner (moderator)
Charles Sholtz, vice president, intellectual property, Coherus Biosciences
15.30 Coffee break and networking
15.50 PTAB trials: strategies for litigating at the PTAB
- Risks and remedies of litigating at the PTAB
- How to impress PTAB judges to get the best out of AIA trial hearings
- Constructing a successful trial: practice recommendations for counsel
- Understanding the intersection with district court litigation
Brian McCormack, partner, Baker & McKenzie (moderator)
Richard Sonnentag, litigation counsel, Google
Neil Mothew, vice president, intellectual property & legal affairs, Real D
Daniel Tallitsch, partner, Baker & McKenzie
16.40 PTAB by the numbers: key influences on filings
- Slump versus stabilisation: have filings decreased over the past year?
- Analysing the growing demand for post-grant review
- Drawing comparisons between invalidation claims versus institutions rates
Jason Eisenberg, partner, Sterne Kessler (moderator)
Angela Johnson, IP litigation counsel, Hewlett Packard Enterprise
17.30 Close of conference