Patent Post-Grant Practice provides a comprehensive review of contested proceedings before the Patent Trial and Appeal Board (PTAB), including Inter Partes Reviews (IPRs), Post-Grant Review (PGRs), and Covered Business Method Proceedings (CBMs). These proceedings have become the most widely used method of challenging the validity of issued patents. Understanding their role is essential for any patent litigation practice. The course will review the purpose and history of these proceedings, the statutory framework, and how these proceedings fit into the overall patent landscape. It will then cover in detail the various phases of the proceedings, including the petition, response and reply, discovery, evidentiary issues, use of experts, the oral hearing, and appeal to the Federal Circuit. The interplay between PTAB contested proceedings and district court litigation will also be explored.
The course will be taught by Russell Cass, a partner at Clark Hill PLC. Before joining Clark Hill, Russ spent fifteen years as a partner in the intellectual property group at the firm of Sidley Austin LLP. Mr. Cass has extensive experience litigating patent infringement matters, including trying cases before judges and juries in Federal District Court, handling appeals before the Court of Appeals for the Federal Circuit, litigating proceedings before the PTAB, and handling disputes before arbitration panels. His clients have ranged from startups to some of the world’s largest technology and healthcare companies.
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