The Patent Litigation Committee and Patent Trial and Appeal Board/Trademark Trial and Appeal Board Committees of the Federal Circuit Bar Association (FCBA), in connection with the Virginia Bar Association, will be offering a program consisting of two separate panels on September 23, 2016 from 12:00 to 2:30 pm (ET):
Part I – Current State of the Law under 35 U.S.C. 101? – Patrick Keane of Buchanan Ingersoll & Rooney PC and Joerg-Uwe Szipl of Griffin and Ezipl, P.C. will moderate a panel consisting of Tom Krause, Deputy Solicitor, U.S. Patent and Trademark Office; Bob Bahr, Deputy Commissioner for Patent Examination Policy, U.S. Patent and Trademark Office; David Kappos of Cravath, Swain & Moore LLP and former Director of the U.S. Patent and Trademark Office. The panel will discuss how the USPTO is applying the Supreme Court decisions in Assoc. for Molecular Pathology v. Myriad Genetics, Inc. and Alice Corp v. CLS Bank Int'l, and how the law in this area will further develop?
Part II – Use of Fact and Expert Witnesses at the PTAB: Costs, Strategies, and Pitfalls – Rick Neifeld of Neifeld IP Law, PC will moderate a panel consisting of Christopher Suarez of William & Connolly LLP; Kenie Ho of Finnegan Henderson Farabow Garrett & Dunner LLP; and Megan F. Raymond of Ropes & Gray LLP. The panel will delve into the costs and benefits of various approaches to PTAB proceedings from the perspective of an in-house practitioner trying to make recommendations to its senior management and a seasoned PTAB practitioner trying to select the most effective approaches based on the newest practice trends and rules. Topics covered will include the strategic implications of recent amendments to the PTAB trial guide -- such as allowing patent owners to submit expert testimony to the PTAB before an IPR institutes, different approaches for establishing priority date or printed publication status, and experts in litigation versus PTAB proceedings.
The registration fee for the program is $125 (private practitioner non-member rate) or $50 (government/academic/retired non-member rate). There is no cost for FCBA members. Additional information regarding the program can be found here.
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