2022 Advanced Patent Law (USPTO) eConference

Opening Keynote: Update from the USPTO (Apr 2022)

Hear about the current priorities, programs, and initiatives underway at the Office.

Originally presented: Mar 2022 Advanced Patent Law Institute

David L. Berdan, Performing the Functions and Duties of the Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States, U.S. Patent and Trademark Office - Alexandria, VA

Section 101 Review and Recent “Disruptive” Decisions from the Federal Circuit (Apr 2022)

The USPTO will provide an update on the status of the Patent Examination Guidelines (PEG) and Training Materials on patent subject matter eligibility. Recent federal circuit and Supreme decisions on patent subject matter eligibility will be discussed that may have a major disruptive influence on the USPTO PEG.

Originally presented: Mar 2022 Advanced Patent Law Institute

Stephen G. Kunin, Maier & Maier PLLC - Alexandria, VA
Matthew Sked, U.S. Patent and Trademark Office - Alexandria, VA

Written Description: The Interplay Between Specifications and Claims (Apr 2022)

While the PTO allows broad genus claims, continuations, and amendments, the Federal Circuit keeps striking down these patents under Section 112(a). We will cover both Federal Circuit case law and suggest practical approaches for avoiding these problems.
 

Originally presented: Mar 2022 Advanced Patent Law Institute

Dmitry Karshtedt, George Washington University Law School - Washington, DC
Dale S. Lazar, Antonin Scalia Law School George Mason University - Arlington, VA

Obviousness and Double Patenting (Apr 2022)

The courts create new puzzles to solve just when you think you understand the highly subjective analysis surrounding what is obvious. We will explore recent U.S. cases in this ever-evolving and complicated section of the law with a refresher on some old case law.
 

Originally presented: Mar 2022 Advanced Patent Law Institute

Daniel J. Pereira, Oblon, McClelland, Maier & Neustadt, L.L.P. - Alexandria, VA

Evolving Landscape in PRC’s Patent Law and Enforcement (Apr 2022)

The discussion will highlight new patent law amendments in China (effective in June 2021), directions by the supreme people’s court to begin shifting the burden of proof in certain patent enforcement in the jurisdiction lacking discovery, and the impact of patent linkage (similar to the Hatch-Waxman Act).

Originally presented: Mar 2022 Advanced Patent Law Institute

Robert Greene Sterne, Sterne, Kessler, Goldstein & Fox P.L.L.C. - Washington, DC
Hon. Paul R. Michel, United States Court of Appeals for the Federal Circuit - Washington, DC
Dr. James Zhu, JunHe LLP - Shanghai, China

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Originally presented: Mar 2022 Advanced Patent Law Institute

Design Patents – All is Not Quiet on the Federal Circuit Front  (Apr 2022)

This presentation will focus on recent design patent court decisions which will have a significant impact on your practice. Perry Saidman will explore the most important Federal Circuit design patent decision in years, SurgiSil, as well as, Campbell Soup v. Gamon. Including secondary considerations of non-obviousness, and an emerging infringement theory using empirical evidence to prove that an ordinary observer can give greater weight to a subset of figures in a design patent that illustrate a predominating visual element of the design in determining infringement.  

Originally presented: Mar 2022 Advanced Patent Law Institute

Perry Saidman, Saidman DesignLaw Group, LLC - Silver Spring, MD

Current Topics in Patent Licensing (Apr 2022)

Patent licensing topics including a focus on agreement implications (i) in view of Assignor Estoppel after Minerva Surgical, Inc. v. Hologic, Inc. and (ii) PTAB-related forum selection clauses.

Originally presented: Mar 2022 Advanced Patent Law Institute

Jeffrey A. Wolfson, Haynes Boone, LLP - Washington, DC

Ethics Potpourri (Apr 2022)

This presentation has something of practical interest to everyone. What ethical issues should in-house counsel, patent practitioners, litigators, and corporate counsel be thinking about in light of recent cases and opinions?

Originally presented: Mar 2022 Advanced Patent Law Institute

David Hricik, Mercer University School of Law - Macon, GA

PTAB Update (Apr 2022)

Hear an update from the Chief Judge on recent trends and developments in PTAB appeal and trial proceedings.

Originally presented: Mar 2022 Advanced Patent Law Institute

Hon. Scott R. Boalick, U.S. Patent and Trademark Office, Patent Trial and Appeal Board - Alexandria, VA

Practice and Issues Before the PTAB (Apr 2022)

This panel will explore the evolution of PTAB practice over the past decade from APJ and practitioner viewpoints. The panel will have a focus on discretionary practices, recent and expected policy changes, and the potential impact of the new administration. Best practices, common pitfalls, and recent trends will be discussed.

Originally presented: Mar 2022 Advanced Patent Law Institute

Teresa Stanek Rea, Crowell & Moring, LLP - Washington, DC
Hon. Kalyan Deshpande, U.S. Patent and Trademark Office, Patent Trial and Appeal Board - Alexandria, VA
Scott A. McKeown, Ropes & Gray LLP - Washington, DC
Hon. Michael Tierney, U.S. Patent and Trademark Office - Alexandria, VA

PTAB Hot Topics and Recent Developments (Apr 2022)

A discussion of recent legal and policy developments at the PTAB, including the shape of discretionary-denial rules such as Fintiv, General Plastic, and 325(d); the use of applicant admitted prior art; and estoppels the result from PTAB decisions.

Originally presented: Mar 2022 Advanced Patent Law Institute

John F. Duffy, University of Virginia School of Law - Charlottesville, VA
Joe Matal, Haynes Boone, LLP - Washington, DC

Tips for Oral Arguments Before the PTAB (Apr 2022)

Oral arguments before the PTAB can truly impact the outcome of a case. In this session, PTAB Judge Gongola and practitioner Dunston will offer practice tips for those appearing at hearings before the PTAB. Attributes and advantages of the LEAP program will also be discussed.      

Originally presented: Mar 2022 Advanced Patent Law Institute

Erin M. Dunston, Panitch Schwarze Belisario & Nadel LLP - Philadelphia, PA
Hon. Janet Gongola, U.S. Patent and Trademark Office - Alexandria, VA

Federal Circuit Judicial Panel (Apr 2022)

Hear from a panel of judges from the Court of Appeals for the Federal Circuit as they discuss their experiences hearing and trying patent cases.

Originally presented: Mar 2022 Advanced Patent Law Institute

David J. Kappos, Cravath, Swaine & Moore LLP - New York, NY
Hon. Raymond T. Chen, U.S. Court of Appeals for the Federal Circuit - Washington, DC
Hon. Richard Linn, U.S. Court of Appeals for the Federal Circuit - Washington, DC
Hon. Kara F. Stoll, U.S. Court of Appeals for the Federal Circuit - Washington, DC