Broadcast Date: Tuesday, July 28, 2020
from 3:00 pm to 4:00 pm (ET)

Overview:

Policy changes continue to reshape trial practice before the Patent Trial and Appeal Board (PTAB). Some of the recent developments include expansion of the PTAB’s discretionary denial power, potential investigation of PTAB denials by the Congress, and judicial review of PTAB decisions following Thryv v. Click-to-Call.

PTAB litigation attorneys must be apace of the current and emerging trends to able to devise effective trial strategies.

In this LIVE Webcast, seasoned patent litigators Brian Murphy (Haug Partners LLP) and Laura Guillod (Burns & Levinson LLP) will provide the audience with an in-depth analysis of the significant developments in PTAB practice. Speakers will also offer insight and practice tips on how counsel should respond to these changes.

Key Issues:

  • PTAB Pilot Program
  • Relationship Between IPRs and District Court Litigations
  • Precedential & Informative Decisions
  • PTAB Expansion of Discretionary Denial Power
  • Reasons Why IPR Petitions Get Denied
  • Supreme Court Smack Down – Thryv v. Click-to-Call
  • Potential Investigation of PTAB discretionary Denials – Will Congress Intervene?

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

NONE

 

Course Code:

148928

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.0 CLE

Speaker Panel:

Brian Murphy, Partner
Haug Partners LLP

Brian Murphy is a partner at Haug Partners in New York City.

From September 2013 through September 2017, Mr. Murphy served as an Administrative Patent Judge at the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent & Trademark Office in Alexandria, Virginia.  During that time he presided over nearly 200 post grant review trial proceedings (Inter Partes Review, Post Grant Review, and Covered Business Method Review).  As a PTAB trial judge he presided over interlocutory discovery and motion proceedings, heard oral argument, and drafted numerous substantive decisions.  For three years he also served as a Lead Judge on the PTAB leadership team, which included management, supervision, and mentoring of Administrative Patent Judges trained in the biotechnology, pharmaceutical, and chemical arts.  He was a regular speaker at industry conferences on behalf of the PTAB.  Prior to joining the PTAB, Mr. Murphy was a patent attorney in New York City with nearly 30 years of experience trying and litigating major patent cases in federal district courts and the International Trade Commission.

Mr. Murphy’s practice includes acting as counsel or as a consultant with clients and counsel involved in PTAB post grant trial proceedings, district court litigation and trials (jury and non-jury), and appeals for clients in the pharmaceutical, biotechnology, medical device, consumer products, telecommunications, and electronics industries.  He has particular expertise in Hatch-Waxman patent litigation for branded pharmaceutical companies.  His practice also includes providing intellectual property counsel and strategic advice in connection with transactional due diligence, mediation services, and opinions.

Laura Guillod, Associate
Burns & Levinson LLP

As a litigator and patent attorney, Laura Guillod has experience practicing intellectual property litigation, as well as false advertising, immigration, and veterans law through many stages of litigation, including from initial case development through discovery, depositions, dispositive motions, hearings, witness preparations, expert reports and analyses, pretrial preparations, and IPR proceedings. Laura earned a degree in Chemistry, summa cum laude, from Princeton University, where she also won awards for her coursework in Physics and Engineering. Laura also served as a tutor and a substitute teacher in public schools before settling into the practice of law in Massachusetts.

Agenda:

SEGMENT 1:

Brian Murphy, Partner

Haug Partners LLP

  • PTAB Expansion of Discretionary Denial Power
    • PTAB’s increasing reliance on 35 U.S.C. § 314(a) discretionary denial
    • Apple v. Fintiv Factors – the race between PTAB and District Court
    • Sand Revolution v. Continental Intermodal - Fintiv factors applied
  • Supreme Court Smack Down - Thryv v. Click-to-Call
    • Limited judicial review of PTAB institution decisions
    • Facebook v. Windy City – judicial review of same party/new issue joinder?
    • Emerson Electric v. Sipco – judicial review of CBM determinations?
  • Will Congress intervene?
    • June 18, 2020 Letters requesting Judiciary IP Subcommittees to investigate PTAB discretionary denials

SEGMENT 2:

Laura Guillod, Associate

Burns & Levinson LLP

  • History of the PTAB
  • PTAB Pilot Program
  • Relationship Between IPRs and District Court Litigations
  • Reasons Why IPR Petitions Get Denied
  • Precedential & Informative Decisions

Date & Time:

Tuesday, July 28, 2020

3:00 pm to 4:00 pm (ET)

Who Should Attend:

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

Brian MurphyPartner
Haug Partners LLP
Laura GuillodAssociate
Burns & Levinson LLP

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