January 24–27, 2022
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Event Session

Tactics & Strategies for Avoiding it All

January 25, 2022 @ 1:00 PM EST

1:00 PM ET
January 25, 2022

Tactics & Strategies for Avoiding it All

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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 much early strategy for the patent owner and being “successful” at this stage is often more important than winning outright. Among other things, this panel will discuss the appropriateness of expert declarations at the POPR stage, what expert declarations should include, whether to file a response in the first place, what the overall strategy for filing a response should be, and much more.

CLE Materials

Some Conditions May Apply – Fintiv Factor 4 Analysis

PTAB to Eliminate Institution Presumption on January 11th

PTAB Proposes New Rule Package – and New Preliminary Proceeding Philosophy



Add to Calendar 05/19/2022 3:12 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…

Session Speakers