ABA 32nd Annual Intellectual Property Law Conference / CLE Program - AIA Trials Before the PTAB: Perspective from Both Sides

Moderator:

Todd Walters – Shareholder & Chair, Patent Office Litigation Practice

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.

Panelists:

Janet Gongola, U.S. Patent and Trademark Office
Kevin Greenleaf, Dentons
Timothy Salmon, Empire IP LLC
Jonathan Stroud, Unified Patents Inc.