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Pre-Conference Session - Master Class PTAB Bar Association - - PowerPoint PPT Presentation
Pre-Conference Session - Master Class PTAB Bar Association - - PowerPoint PPT Presentation
Pre-Conference Session - Master Class PTAB Bar Association Conference Wednesday, March 13, 2019 1 Master Class - Panel 1 On Your Mark: Petitioner Strategy 2 Panel 1 On Your Mark: Petitioner Strategy Getting Started: Grappling with the
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Panel 1 On Your Mark: Petitioner Strategy
Getting Started: Grappling with the Discretion
- f 314(a) & 325(d)
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Poll Question #1: All things being equal, would you rather file a joint petition with a co-defendant, or file your own petition two months after the co-defendant files a petition?
POLL OPEN
1 a. File jointly
0%
2 b. File separately
0%
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Panel 1 On Your Mark: Petitioner Strategy
Proving Public Accessibility
- f Prior Art
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Poll Question #2: Has the Board’s handling of non-patent literature prior art kept you from filing a petition or from using non-patent literature in a petition?
POLL OPEN
1 a. Yes
0%
2 b. No
0%
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Panel 1 On Your Mark: Petitioner Strategy
Impact of SAS Institute on Petitioner Strategy
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Panel 1 On Your Mark: Petitioner Strategy
Impact of Phillips on Claim Construction Strategy in Petitions
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Panel 1 On Your Mark: Petitioner Strategy
Addressing Real Party-in-Interest Issues at the Petition Stage
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Poll Question #3: If, as Petitioner, you anticipate Patent Owner raising RPI issues in the POPR, do you proactively include evidence and/or argument in the Petition addressing the issue?
POLL OPEN
1 a. Yes, I would include declaration testimony.
0%
2 b. Yes, but I would only include argument without evidence.
0%
3 c. No, I would wait until after Patent Owner raises the issue.
0%
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Master Class - Panel 2 Set the Pace: Patent Owner Defense Strategy
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Panel 2 Set the Pace: Patent Owner Defense Strategy
Using RPI as a Defense Strategy
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Panel 2 Set the Pace: Patent Owner Defense Strategy
Preliminary Responses
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Poll Question #4: Does the SAS Institute all-or-nothing institution requirement most benefit the Petitioner or the Patent Owner?
POLL OPEN
1 a. Petitioner
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2 b. Patent Owner
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Panel 2 Set the Pace: Patent Owner Defense Strategy
Impact of Phillips Claim Construction on Patent Owner Strategy
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Poll Question #5: Do you think district courts will pay more attention to PTAB claim construction in light of the change to the Phillips standard?
POLL OPEN
1 a. Yes, I've seen it
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2 b. Yes, but I have not seen it yet
0%
3 c. No, I don't think there will be much difference
0%
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Master Class - Panel 3 The Bell Lap: Trial Strategy
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Panel 3 The Bell Lap: Trial Strategy
Depositions
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Panel 3 The Bell Lap: Trial Strategy
Claim Amendment Pilot Program
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Poll Question #6: If you were given the opportunity to opt out
- f the pilot program in favor of filing a motion to amend under
the original program, would you do so?
POLL OPEN
1 a. Yes
0%
2 b. No
0%
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Panel 3 The Bell Lap: Trial Strategy
Patent Owner Sur-Reply
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Poll Question #7: Do you expect the guarantee of a sur-reply to result in more final decisions favorable to Patent Owner?
POLL OPEN
1 a. Yes
0%
2 b. No
0%
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Panel 3 The Bell Lap: Trial Strategy
Oral Hearing
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Poll Question #8: Should the Board decide all motions to exclude at a pre-hearing conference?
POLL OPEN
1 a. Yes, it would simplify the oral hearing
0%
2 b. No, I would like the opportunity to present arguments at the hearing
0%
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Panel 3 The Bell Lap: Trial Strategy
Motion Practice
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Panel 3 The Bell Lap: Trial Strategy
Rehearing
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