Panel Moderator: ABA 32nd Annual Intellectual Property Law Conference

Apr 06, 2017 8:30 am - Apr 06, 2017 10:00 am
Crystal Gateway Marriott, Jefferson Davis Highway, Arlington, VA, United States Crystal Gateway Marriott, Jefferson Davis Highway, Arlington, VA, United States

ABA 32nd Annual Intellectual Property Law Conference
CLE Program – AIA Trials Before the PTAB: Perspectives from Both Sides

Moderator: Todd Walters – Shareholder & Chair, Patent Office Litigation Practice

Thursday, April 6, 8:30 AM-10:00 AM

AIA trials before the Patent Trial and Appeal Board have become a popular venue to adjudicate the validity of issued patents since the enactment of the AIA four years ago. Both petitioners and patent owners have argued that aspects of the trials are unfair. Patent owners argue that the deck is stacked against them, and the ability to amend is illusory. Petitioners argue that decisions on institution should be judicially reviewable in view of imposed time bars. The PTAB is looking for ways to make the trials fairer, while simultaneously ensuring efficient adjudication within one year of trial institution.

A panel of in-house and outside counsel representing both petitioners and patent owners and a senior PTAB judge will discuss controversial topics such as motions to amend, the claim construction standard, the effectiveness of new PTAB rules, estoppel, remand procedures, joinder, and the burdens of production and persuasion.


Chief Judge Ruschke
Judge Rama Elluru
Judge Trevor Jefferson

Kevin Greenleaf, Dentons
Timothy Salmon, Empire IP LLC
Jonathan Stroud, Unified Patents Inc.

Click here for event details and registration information.

*On April 4, ABA-IPL Section Chair Donna Suchy and Immediate Past Chair Ted Davis presented Todd Walters with a special recognition for his service during the previous and current association years.

Related upcoming events

  • Aug 30, 2017 3:00 pm - Aug 30, 2017 4:00 pm

    Webinar: Exploring the "Patent Agent Privilege" Proposal and Its Anticipated Impacts on PTAB Proceedings

    Join Shareholder Lloyd Smith and Cooley attorney Britton Davis on Wednesday, August 30, 3:00 PM-4:00 PM, for a webinar hosted by The Knowledge Group.

    The United States Patent and Trademark Office (USPTO) has proposed a rule that would recognize a privilege for certain communications between U.S. patent agents or foreign non-attorney patent practitioners and their clients, to the same extent as communications between clients and U.S. attorneys. It would replace the current patchwork of common law, which requires a complex fact-based analysis to decide privilege questions.

    Smith and Davis will discuss how and to what extent the rule would protect communications from discovery in trial practice at the USPTO and the Patent Trial and Appeal Board (PTAB), including inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings under the Leahy-Smith America Invents Act (AIA).

    Key topics include:

    • Discovery
    • Inter Partes Review
    • Post-Grant Review
    • Business Method Patents
    • Leahy-Smith America Invents Act
    • Communications Covered
    • Jurisdictional Limitations


  • Oct 12, 2017 12:00 pm - Oct 12, 2017 2:00 pm

    Webinar: PTAB Patent Proceedings - Best Practices and Strategies You Must Know for 2017 & Beyond

    Speaker: Roger Lee - Counsel, Patent Office Litigation Practice

    Join us on Thursday, October 12, 12:00 PM-2:00 PM, for a webinar hosted by The Knowledge Group.