Practising Law Institute (PLI) will be holding a live seminar entitled "Parallel Patent Reexamination and Litigation 2008: The Latest Developments and Their Impact" on December 3, 2008 in San Francisco. The conference will offer presentations on the following topics:
• Understanding Patent Reexamination Procedure and the Impact of the Process
• Overview of the ex parte and inter partes patent reexamination process before the USPTO;
• Strategies to consider when initiating a reexamination process in view of litigation; and
• Recent statistics on patent reexaminations: What they may mean.
• The Legal Implications of Patent Reexamination
• Conflicts that arise when an Article III court declares that a patent is "not invalid" or "invalid" and the USPTO finds the same patent invalid or "not invalid" during a reexamination proceeding;
• The collateral estoppel effect that the USPTO and the federal courts give each other's findings;
• NTP v. RIM and eBay v. MercExchange; disagreement of subsequent USPTO reexamination findings with prior federal court holdings; and
• Summary of patent legislation that may change the interplay between USPTO reexaminations and court determinations of validity.
• Impact of Reexamination on Litigation Strategy and Tactics
• Motions for stay based on pending reexamination proceedings; likelihood of success and effect on litigation post-reexamination; admissibility of reexamination proceedings at trial based on recent decisions and potential arguments; and
• Impact of a reexamination proceeding in the context of willful infringement assertions in view of In re Seagate Technology, LLC.
A full program for the Advanced Patent Licensing conference can be found here. The registration fee for the conference is $495. Those interested in registering for the conference can do so here.
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