09:00 Registration
09:30 Opening remarks by Michael Loney, managing editor, Managing IP
09:40 State of play and progression at the Patent Trial and Appeal Board
- Lessons learned from five plus years
- Overview of institutional changes of AIA
- Exploring the success in driving settlements
- Asymmetry between patent owner, challenger and petitioner: the call for consistency
Josh Goldberg, partner, Finnegan Henderson Farabow Garrett & Dunner Kevin Turner, lead administrative patent judge, Patent Trial and Appeal Board
10:10 Strategies for litigating in the changing environment of PTAB
- Navigating recent developments – Wi-Fi One v Broadcom
- Patent litigation trends to watch
- Maintaining a flexible patent portfolio strategy
- Strategies for coordinating parallel litigation and IPRs
Jim Davis, partner, Ropes & Gray Angela Johnson, litigation counsel, Uber Scott McKeown, partner, Ropes & Gray
11:00 Coffee break and networking
11:20 Changing PTAB law and practice, and the (continued) importance of the petition
- Pitfalls to avoid when preparing for your petition
- Tips to attack petitions to prevent institution
- Establishing “good cause” for reply to patent owner’s response
- Examining the key components of proceedings
Brian McCormack, partner, Baker McKenzie Brad Waugh, associate general counsel, Intel Litigation Group Mackenzie Martin, partner, Baker McKenzie
12:10 Latest Federal Circuit developments
- Tracking the explosive growth of appeals
- Hear how to achieve success and deal with multiple appeals
- Practically addressing burden on motions – what is the scope of the Board’s power?
Charlene Morrow, partner, Fenwick & West Sriranga Veeraraghaven, senior director, legal, Xperi Corporation Darren Donnelly, partner, Fenwick & West
13:00 Lunch and networking
13:50 Evolving procedural challenges associated with AIA
- Updates from PTAB rules of practice
- Supreme Court’s question of constitutionality: Oil states
- Motions to amend in PTAB proceedings – Aqua products
- Adapting to the rule changes and managing your strategy for next six to 12 months
Isaac Slutsky, shareholder, Brooks Kushman (moderator) Kim Schmitt, managing counsel, litigation group, Intel Matt Clements, lead administrative patent judge, Patent Trial and Appeal Board John Bake, vice president, IP strategy, Tivo
14:40 PTAB by the numbers; data, trends & analysis
- Comparative analysis: when to choose IPR versus PGR versus CBM
- Success rates at PTAB: assessing the growing demand & what is working well
- Review of statistics on IPRS both PTAB & Federal Circuit
- EPO appeal versus PTAB
Jon Wright, director, Sterne Kessler Goldstein & Fox (moderator) Brian Love, assistant professor of law and co-director high tech law institute, Santa Clara University Charles Boudreau, administrative patent judge, Patent Trial and Appeal Board Joe Mutschelknaus, director, Sterne Kessler Goldstein & Fox
15:30 Coffee break and networking
15:50 Interplay between PTAB, District Court litigation and ITC
- To what extend does claim construction at PTAB impact district court & ITC proceedings?
- Uncertainty and challenges surrounding validity and infringement
- Effective obviousness rationales at the District Court and PTAB
- Will there be more ITC actions?
Scott Stevens, partner, Alston & Bird (moderator) Gemma Suh, senior litigation counsel, Nokia Abraham Merterns, assistant general counsel, Arista Networks Chris Douglas, partner, Alston & Bird
16:40 Concerns and opportunities for the Patent Trial and Appeal Board
- Analysis of precedential and informative decisions designated by PTAB
- Overcoming complex issues; decoding recent decisions
- Top cases to watch
- What does the future hold for the PTAB?
Lori Gordon, partner, King & Spalding Joel Harris, senior director, intellectual property, Incube Labs
17:20 Close of conference |