Patent Litigation Updates: Litigation Strategies after AIA; Post-Grant Proceedings, Strategies, and Practice after AIA; Patent Exhaustion; plus Divided Infringement

Sessions 1: Concurrent Litigation Strategies after AIA - Review of the impact of the AIA on patent litigation and the new opportunities and challenges emerging for both plaintiffs and defendants—how the case law is developing in the wake of recent legislative changes and the practical ways in which courts are addressing those changes; the latest tactical developments in venue selection and multi-defendant litigation; changes in the requirements for inducement; the use of parallel PTAB proceedings to contest validity; the interplay between proceedings in the courts and PTAB; and overall case management considerations. Hear perspectives on what the future holds (as best anyone can tell), including whether new defenses or new legislation will further alter the patent litigation landscape.

Session 2: Post-Grant Proceedings, Strategies, and Practice: One Year after AIA - The new inter partes review (IPR) and covered business method (CBM) post-grant proceedings became operational on September 16, 2012, and the new post-grant review (PGR) became operational on March 16, 2013. More than one post-grant proceeding has been filed every calendar day since IPR and CBM became available and the rate of filings continues to rise. Many proceedings are progressing through trial at the new Patent Trial & Appeal Board as they move towards final written decision. Major decisions, developments and trends have occurred in these proceedings that provide a road map of how this new patent world is taking shape.

Session 3: Update on Patent Exhaustion - A discussion of the Supreme Court’s decisions in Bowman v. Monsanto and Kirtsaeng v. John Wiley & Sons regarding patent exhaustion and the first-sale doctrine.

Session 4: The Mental Gymnastics of Divided Infringement after Akamai and McKesson - Divided infringement is now quite different than direct infringement. Learn about the new law and how it has been applied.

Includes: Audio Paper Slides