PLAY RECORDING

Overview:

Over the past few years, the Patent Trial and Appeal Board (PTAB) has applied precedential decisions, such as NHK Spring Co., Ltd. v. Intri-Plex Techs., Inc. and Apple Inc. v. Fintiv, Inc., to expand its use of discretion under 35 U.S.C. § 314(a) to deny Inter Partes Review (IPR) petitions. In late 2020, the Board published draft rules for comment on whether to use the NHK-Fintiv factors to assess patent owner requests for discretionary denial or implement a bright-line approach.  The comments to the draft rules are being reviewed by the Board, but the absence of a newly confirmed Director in the wake of Director Iancu’s departure has left the issue of discretionary denials unsettled.  The rapidly changing landscape, particularly given the pending Apple v. Hirschfeld case pending before Judge Davila in the Northern District of California and recent bipartisan request for a GAO investigation of the Director’s control over PTAB judges, makes this a very timely webinar for all stakeholders.

In this LIVE Webcast, patent litigation attorneys Philip Hirschhorn (Panitch Schwarze Belisario & Nadel LLP) and Brian Murphy (Haug Partners) will provide a comprehensive discussion of these up-to-date developments at the PTAB. Speakers will also discuss recent PTAB decisions concerning discretionary denials and share key strategies for petitioners and patent owners to approach the issue.

Key topics include:

  • Discretionary Denials: Overview
  • Status of PTAB Notice and Comment Rulemaking on Discretionary Denials
  • Recent PTAB Decisions on Discretionary Denials
  • Implications of Discretionary Denials on Litigation Strategies
  • Critical Issues and Challenges
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcasts (CLE)

 

Prerequisite:

General Knowledge of patent laws

 

Course Code:

149642

 

NY Category of CLE Credit:

Area of Professional Practice

 

Total Credit:

1.0 CLE


How to Claim CLE Credits Per State:

https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/


CLE State Requirements:

https://knowledgewebcasts.com/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.

Phil’s extensive experience, spanning more than 30 years, includes bench trials, jury trials, and arbitrations. He has represented clients in traditional infringement/validity litigations as well as Hatch-Waxman (Paragraph IV) litigations.  In addition to his patent litigation experience, Phil counsels clients on the interplay between the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) and district court actions. He has extensive PTAB litigation experience, having assisted both patent owners and petitioners.

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, and conducts IP due diligence.

Agenda:

Philip Hirschhorn, Partner

Panitch Schwarze Belisario & Nadel LLP

AND

Brian MurphyPartner

Haug Partners

  • Discretionary Denials: Overview
  • Status of PTAB Notice and Comment Rulemaking on Discretionary Denials
  • Recent PTAB Decisions on Discretionary Denials
  • Implications of Discretionary Denials on Litigation Strategies
  • Critical Issues and Challenges
  • What Lies Ahead

Date & Time:

Wednesday, July 28, 2021

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

Materials:

Download Course Materials

Who Should Attend:

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

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

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