January 24–27, 2022
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Part of the Masters Series

PTAB Masters™ 2022

PTAB Masters™ 2022 program, presented by IPWatchdog®, and co-chaired by Scott McKeown and Gene Quinn, will focus on the Patent Trial and Appeal Board from the viewpoint of both the patent owner and petitioners challenging patents. From the most important issues facing the PTAB and USPTO as an agency, to discretionary denials and parallel litigation, through PTAB trial tactics and strategies, this program will address the real-world issues facing stakeholders by presenting best practices, expert insights, and master level planning.

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Schedule

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10:30 AM EST

PTAB 2022 – Day 1 – Opening Thoughts and Keynote

Gene Quinn
Scott McKeown Scott McKeown
Senator Thom Tillis
Add to Calendar 01/24/2022 10:30 AM 01/24/2022 10:45 AM America/New_York PTAB 2022 – Day 1 – Opening Thoughts and Keynote Webinar/Zoom,

11:00 AM EST

The PTAB Today: A Review of the PTAB Landscape and Important Rulings at Age 10

We begin by discussing PTAB evolution through 2021 and what aspects of the Iancu legacy have aided patent owners. Also, we will explore the most recent evolution in PTAB practice such as changes to settlement requirements, due process challenges that continue to fail, arbitration clauses that do not deprive the PTAB of jurisdiction, sua sponte claim construction and much more.…

Kayvan Noroozi
Gene Quinn
Nicholas Matich
Lori Gordon
Add to Calendar 01/24/2022 11:00 AM 01/24/2022 12:15 PM America/New_York The PTAB Today: A Review of the PTAB Landscape and Important Rulings at Age 10

We begin by discussing PTAB evolution through 2021 and what aspects of the Iancu legacy have aided patent owners. Also, we will explore the most recent evolution in PTAB practice such as changes to settlement requirements, due process challenges that continue to fail, arbitration clauses that do not deprive the PTAB of jurisdiction, sua sponte claim construction and much more.…

Webinar/Zoom,

1:00 PM EST

The PTAB Tomorrow: Top 5 Most Important Issues Facing the PTAB & New Director in 2022

With Director Vidal slated to lead the USPTO over the next few years, and pressure from Congress to recalibrate PTAB practice, what is expected under the new administration?  Will discretionary practices under 314(a) change? What other initiatives are expected, or desired for adapting the Board to new litigation and market realities? CLE Materials Top Issues for the U.S. Patent and…

Meredith Addy
David McCombs
Scott McKeown Scott McKeown
Teresa Rea
Add to Calendar 01/24/2022 1:00 PM 01/24/2022 2:15 PM America/New_York The PTAB Tomorrow: Top 5 Most Important Issues Facing the PTAB & New Director in 2022

With Director Vidal slated to lead the USPTO over the next few years, and pressure from Congress to recalibrate PTAB practice, what is expected under the new administration?  Will discretionary practices under 314(a) change? What other initiatives are expected, or desired for adapting the Board to new litigation and market realities? CLE Materials Top Issues for the U.S. Patent and…

Webinar/Zoom,

3:00 PM EST

The PTAB as the First Hurdle to Patent Monetization: How Patent Owners and Litigation Financers Deal with this Omnipresent Threat

From increasing damage awards into the billions of dollars, to a new hot patent court for plaintiffs in West Texas, to increased financing available from litigation funders to growth in competitor lawsuits with large entities looking to monetize their own portfolios, there is a changing face of patent litigation as we head into a post-pandemic world. Of course, the PTAB…

Jim Carmichael James Carmichael
Adam Gill
Joshua Harris
Sean Thompson
Sarah Tsou
Add to Calendar 01/24/2022 3:00 PM 01/24/2022 4:15 PM America/New_York The PTAB as the First Hurdle to Patent Monetization: How Patent Owners and Litigation Financers Deal with this Omnipresent Threat

From increasing damage awards into the billions of dollars, to a new hot patent court for plaintiffs in West Texas, to increased financing available from litigation funders to growth in competitor lawsuits with large entities looking to monetize their own portfolios, there is a changing face of patent litigation as we head into a post-pandemic world. Of course, the PTAB…

Webinar/Zoom,

4:15 PM EST

Add to Calendar 01/24/2022 4:15 PM 01/24/2022 4:30 PM America/New_York PTAB 2022 – Day 1 – Final Thoughts Webinar/Zoom,

10:30 AM EST

Add to Calendar 01/25/2022 10:30 AM 01/25/2022 10:45 AM America/New_York PTAB 2022 – Day 2 – Opening Thoughts Webinar/Zoom,

11:00 AM EST

Discretionary Denials: Has the WDTX Been Neutered?

With the WDTX being assailed by both Congress and the Judicial Conference, and the WDTX docket swelling to the point of unmanageability, has the WDTX already experienced its “golden age.” What benefits remain, and how should litigants be playing the changing Texas landscape? CLE Materials SCOTUS Denials of Apple and Mylan Petitions Unlikely to End Challenges to PTAB NHK/Fintiv Framework…

Kevin Greenleaf
Alison Richards
Todd Walters
Wendy Verlander
Add to Calendar 01/25/2022 11:00 AM 01/25/2022 12:15 PM America/New_York Discretionary Denials: Has the WDTX Been Neutered?

With the WDTX being assailed by both Congress and the Judicial Conference, and the WDTX docket swelling to the point of unmanageability, has the WDTX already experienced its “golden age.” What benefits remain, and how should litigants be playing the changing Texas landscape? CLE Materials SCOTUS Denials of Apple and Mylan Petitions Unlikely to End Challenges to PTAB NHK/Fintiv Framework…

Webinar/Zoom,

1:00 PM EST

Tactics & Strategies for Avoiding it All

Once an IPR has been filed the patent owner is afforded the opportunity to file a preliminary response. At this point, however, disputes will be viewed in a light most favorable to the petitioner (see 37 CFR 42.108(c)), which means the patent owner faces an uphill battle. The nature of the burden at this stage can and often does dictate…

Greg Gulliver
Matt Johnson
Michael Rosato
Add to Calendar 01/25/2022 1:00 PM 01/25/2022 2:15 PM America/New_York Tactics & Strategies for Avoiding it All

Once an IPR has been filed the patent owner is afforded the opportunity to file a preliminary response. At this point, however, disputes will be viewed in a light most favorable to the petitioner (see 37 CFR 42.108(c)), which means the patent owner faces an uphill battle. The nature of the burden at this stage can and often does dictate…

Webinar/Zoom,

3:00 PM EST

But Wait!… There’s More. The Resurgence of Reexamination

AIA trials were designed to replace patent reexamination. So why are reexamination filings on the uptick? And what can patent owners gain from patent reissue and reexamination that may help stave off future PTAB attacks, or otherwise rehabilitate a vulnerable portfolio? CLE Materials Unified Report: Reexaminations Double; Samsung, Apple and Google Dominate PTAB Filings Reexam After Failed IPR? Federal Circuit…

Jim Carmichael James Carmichael
Greg Gardella
David Ruschke
Add to Calendar 01/25/2022 3:00 PM 01/25/2022 4:15 PM America/New_York But Wait!… There’s More. The Resurgence of Reexamination

AIA trials were designed to replace patent reexamination. So why are reexamination filings on the uptick? And what can patent owners gain from patent reissue and reexamination that may help stave off future PTAB attacks, or otherwise rehabilitate a vulnerable portfolio? CLE Materials Unified Report: Reexaminations Double; Samsung, Apple and Google Dominate PTAB Filings Reexam After Failed IPR? Federal Circuit…

Webinar/Zoom,

4:15 PM EST

Add to Calendar 01/25/2022 4:15 PM 01/25/2022 4:30 PM America/New_York PTAB 2022 – Day 2 – Final Thoughts Webinar/Zoom,

10:30 AM EST

Add to Calendar 01/26/2022 10:30 AM 01/26/2022 10:45 AM America/New_York PTAB 2022 – Day 3 – Opening Thoughts Webinar/Zoom,

11:00 AM EST

Fighting Fire with Fire: Effectively Using Motions, Discovery & Experts to Make Your Case

In the trenches of PTAB trials, there are the day-to-day decisions that can turn the tide in favor of a party. What are these critical cross-examination and motion techniques?  Is there an effective use of Motions to Exclude?  What do you look for in an expert? What discovery if any should you expect, and what secondary considerations might patent owners…

James Davis
Kevin Laurence
Greg Gulliver
Add to Calendar 01/26/2022 11:00 AM 01/26/2022 12:15 PM America/New_York Fighting Fire with Fire: Effectively Using Motions, Discovery & Experts to Make Your Case

In the trenches of PTAB trials, there are the day-to-day decisions that can turn the tide in favor of a party. What are these critical cross-examination and motion techniques?  Is there an effective use of Motions to Exclude?  What do you look for in an expert? What discovery if any should you expect, and what secondary considerations might patent owners…

Webinar/Zoom,

1:00 PM EST

How to Avoid Obvious Mistakes with Obviousness Grounds

Beating back an obviousness ground at the PTAB is far different than the district court. Don’t bring a knife to a gun fight. Learn critical tactics and insights on what makes obviousness tick at the PTAB. Best practices for petitioners and Patent Owners will be discussed. CLE Materials PTAB Obviousness Ruling Reversed by CAFC, Clarifying ‘Reasonable Expectation of Success’ Standard…

Meredith Addy
Heath Briggs
James Murphy James Murphy
Sarah Spires
Add to Calendar 01/26/2022 1:00 PM 01/26/2022 2:15 PM America/New_York How to Avoid Obvious Mistakes with Obviousness Grounds

Beating back an obviousness ground at the PTAB is far different than the district court. Don’t bring a knife to a gun fight. Learn critical tactics and insights on what makes obviousness tick at the PTAB. Best practices for petitioners and Patent Owners will be discussed. CLE Materials PTAB Obviousness Ruling Reversed by CAFC, Clarifying ‘Reasonable Expectation of Success’ Standard…

Webinar/Zoom,

3:00 PM EST

Reversing the Result: Motions to Reconsider, Arthrex Director Reviews, Appeals to the Federal Circuit

This panel will identify motions and appeals that have been successful and point out why they have been successful, giving insight into those issues and arguments that have the best chance to prevail when seeking to reverse a PTAB result. The panel will similarly identify those types of motions, appeals and arguments that routinely fail, and explain why. CLE Materials…

Meredith Addy
Doug Hallward-Driemeier
Scott McKeown Scott McKeown
Add to Calendar 01/26/2022 3:00 PM 01/26/2022 4:15 PM America/New_York Reversing the Result: Motions to Reconsider, Arthrex Director Reviews, Appeals to the Federal Circuit

This panel will identify motions and appeals that have been successful and point out why they have been successful, giving insight into those issues and arguments that have the best chance to prevail when seeking to reverse a PTAB result. The panel will similarly identify those types of motions, appeals and arguments that routinely fail, and explain why. CLE Materials…

Webinar/Zoom,

4:15 PM EST

Add to Calendar 01/26/2022 4:15 PM 01/26/2022 4:30 PM America/New_York PTAB 2022 – Day 3 – Final Thoughts Webinar/Zoom,

10:30 AM EST

Add to Calendar 01/27/2022 10:30 AM 01/27/2022 10:45 AM America/New_York PTAB 2022 – Day 4 – Opening Thoughts Webinar/Zoom,

11:00 AM EST

Litigating in Parallel with the PTAB: Do’s and Don’ts for Concurrent ITC and District Court Litigation

With the same claim construction standards now applied across all forums, what pitfalls await and unsuspecting petitioner or Patent Owner?  Leveraging parallel records before the agency, motions to stay, judicial estoppel, and issue preclusion will be discussed along with best practices for fighting on two fronts. CLE Materials Sotera Stip Results in Institution Despite Co-Pending ITC Case, PTAB Litigation Blog The…

Gene Quinn
Matthew Rizzolo
Aarti Shah
Mitch Yang
Add to Calendar 01/27/2022 11:00 AM 01/27/2022 12:15 PM America/New_York Litigating in Parallel with the PTAB: Do’s and Don’ts for Concurrent ITC and District Court Litigation

With the same claim construction standards now applied across all forums, what pitfalls await and unsuspecting petitioner or Patent Owner?  Leveraging parallel records before the agency, motions to stay, judicial estoppel, and issue preclusion will be discussed along with best practices for fighting on two fronts. CLE Materials Sotera Stip Results in Institution Despite Co-Pending ITC Case, PTAB Litigation Blog The…

Webinar/Zoom,

1:00 PM EST

Life Sciences and IPR: Orange Book & Biologic Patents at the PTAB

The USPTO has recently released a third report providing data on post-grant petitions filed at the PTAB against Orange Book and biologic patents.  Although the report shows that such petitions represent only a small number of the petitions filed at the PTAB, namely 4% challenging Orange Book patents, and 2% challenging biologic patents, these IPRs challenge patents of high value. …

Stephanie Schonewald, PhD
Sharon Crane
Heather Petruzzi
Add to Calendar 01/27/2022 1:00 PM 01/27/2022 2:15 PM America/New_York Life Sciences and IPR: Orange Book & Biologic Patents at the PTAB

The USPTO has recently released a third report providing data on post-grant petitions filed at the PTAB against Orange Book and biologic patents.  Although the report shows that such petitions represent only a small number of the petitions filed at the PTAB, namely 4% challenging Orange Book patents, and 2% challenging biologic patents, these IPRs challenge patents of high value. …

Webinar/Zoom,

3:00 PM EST

The PTAB Future: Dissecting the “Restoring America Invents Act” and Potential PTO Reforms in a Vidal Administration

Dissecting the provisions of the RAIA and what changes are most likely in 2022.  A look forward to the year in legislation, rulemaking, and policy changes. CLE Materials The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment Stakeholders Speak: Leahy Bill to ‘Restore the AIA’ is Too Unbalanced to Pass A Kinder, Gentler ‘Death Squad’: Ten…

Erika Harmon Arner
Tim Fink
Scott Weidenfeller
Scott McKeown Scott McKeown
Add to Calendar 01/27/2022 3:00 PM 01/27/2022 4:15 PM America/New_York The PTAB Future: Dissecting the “Restoring America Invents Act” and Potential PTO Reforms in a Vidal Administration

Dissecting the provisions of the RAIA and what changes are most likely in 2022.  A look forward to the year in legislation, rulemaking, and policy changes. CLE Materials The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment Stakeholders Speak: Leahy Bill to ‘Restore the AIA’ is Too Unbalanced to Pass A Kinder, Gentler ‘Death Squad’: Ten…

Webinar/Zoom,

4:15 PM EST

Add to Calendar 01/27/2022 4:15 PM 01/27/2022 4:30 PM America/New_York PTAB 2022 – Day 4 – Final Thoughts Webinar/Zoom,
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