• Sale!


Over the past years, the Patent Trial and Appeal Board (PTAB) has promptly expanded its institution discretion under 35 U.S.C. § 314(a). Applying significant precedential decisions such as Gen. Plastic Indus. Co., LTD. v. Canon Kabushiki Kaisha, NHK Spring Co., Ltd. v. Intri-Plex Techs., Inc., and Apple Inc. v. Fintiv, Inc., the Board implemented binding rules which limit the petitions that they will institute. This instigated a dramatic upsurge of discretionary denials of unmeritorious petitions at the PTAB.

As the landscape remains uncertain, the number of discretionary denials is expected to rise in the months to come. This underscores the need for petitioners to carefully review their claims and keep themselves updated with all emerging developments to avoid red flags or the possibility of denial.

In this LIVE Webcast, patent litigation lawyers Philip Hirschhorn (Panitch Schwarze Belisario & Nadel LLP) and Brian Murphy (Haug Partners) will provide a comprehensive discussion of the up-to-date developments at the PTAB. Speakers will also discuss recent decisions on discretionary denials and share key strategies to avoid such denials.

Key topics include:

  • Discretionary Denials: Overview
  • Recent PTAB Decisions on Discretionary Denials
  • Implications of Discretionary Denials on Litigation Strategies
  • Critical Issues and Challenges
  • Best Practices to Avoid Denials
  • What Lies Ahead


Course Level:



Advance Preparation:

Print and review course materials


Method of Presentation:

Live Webcast



General Knowledge of patent laws


Course Code:



NY Category of CLE Credit:

Area of Professional Practice


Total Credit:

2.0 CLE

CLE State Requirements:

Speaker Panel:

Philip Hirschhorn, Partner
Panitch Schwarze Belisario & Nadel LLP

Philip L. Hirschhorn focuses his practice on patent litigation and counseling. He prides himself on working with clients to understand their businesses thoroughly, including the ways in which intellectual property litigation affects their business objectives. Clients can rest assured that Phil will go the extra mile, both on his own and as part of a team, to help clients solve their legal challenges.

Brian Murphy, Partner
Haug Partners

Brian Murphy is a partner at Haug Partners in New York City. Prior to joining Haug Partners, Brian presided over nearly 200 America Invents Act (AIA) post grant review proceedings as a Lead Administrative Patent Judge at the PTAB.

Brian acts as counsel or as a consultant to clients and counsel involved in PTAB post-grant trial proceedings, district court patent litigation and trials (jury and non-jury), and Federal Circuit appeals. He has represented clients in the pharmaceutical, biotechnology, medical device, consumer products, telecommunications, and electronics industries. He has particular expertise in Hatch-Waxman patent litigation. He also provides strategic advice and opinions, conducts mock oral arguments, acts as an expert witness, conducts IP due diligence, and mediates intellectual property disputes.


Philip Hirschhorn, Partner

Panitch Schwarze Belisario & Nadel LLP


Brian MurphyPartner

Haug Partners

Date & Time:

Wednesday, July 28, 2021

12:00 pm to 1:00 pm (ET)

A recording will be available to view 24-48 hours after the live date.


Coming Soon.

Please check back again later.

Who Should Attend:

  • Patent Law Lawyers and Consultants
  • Intellectual Property Lawyers
  • Patent Agents


Philip HirschhornPartner
Panitch Schwarze Belisario & Nadel LLP
Brian MurphyPartner
Haug Partners




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