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Schedule

Tuesday, June 1, 2021
11:00 AM - 12:15 PM
Session 1 – Claim Interpretation and Definitiveness (112)

This session will cover the differences between how claims are interpreted in ex parte prosecution and PTAB trials and how claim scope is determined in a PTAB trial

Wednesday, June 2, 2021
11:00 AM - 12:15 PM
Session 2 – Ex parte Post Grant Proceedings

This session will cover all available post grant procedures affecting patents, including Certificates of Correction, Disclaimers, Reexaminations and Reissues

Thursday, June 3, 2021
11:00 AM - 12:15 PM
Session 3 – PTAB Trials – Substantive and Procedural Overview – Part 1

Sessions 3 and 4 will provide a procedural and substantive overview of PTAB trials from beginning through Final Written Decision, including actions such as Patent Owner Response, Motions to Amend and Replies.

Tuesday, June 8, 2021
11:00 AM - 12:15 PM
Session 4 – PTAB Trials – Substantive and Procedural Overview – Part 2

Sessions 3 and 4 will provide a procedural and substantive overview of PTAB trials from beginning through Final Written Decision, including actions such as Patent Owner Response, Motions to Amend and Replies

Wednesday, June 9, 2021
11:00 AM - 12:15 PM
Session 5 – The Petition through Institution Decision

This session will cover pre-filing analysis and witness selection, the Petition, Patent Owner Preliminary Response, the Institution Decision and Request for Rehearing if Not Satisfied with the Institution Decision

Thursday, June 10, 2021
11:00 AM - 12:15 PM
Session 6 – Evidence and Discovery

This session will cover evidential and discovery aspects of PTAB trials that may be unfamiliar to patent prosecutors and that are handled differently at the PTAB as compared with district courts.  Issues that will be covered include objections to evidence, supplemental evidence, depositions and additional discovery.

Tuesday, June 15, 2021
11:00 AM - 12:15 PM
Session 7 - Printed Publications

This lecture will focus on the actively developing area of what is necessary for an item to be considered “printed” and “published (distributed).  General principles as well as current case law will be discussed in detail.

Wednesday, June 16, 2021
11:00 AM - 12:15 PM
Session 8 – Ethics and Duty of Disclosure in Post Grant Proceedings

This session will explore ethical considerations in PTAB trials as well as “duty of disclosure” issues in various post grant proceedings including ex parte and inter partes proceedings.

Thursday, June 17, 2021
11:00 AM - 12:15 PM
Session 9 – Procedures After Final Written Decision

This session will explore available options to parties after a final written decision, with a focus on appeals to the CAFC and remands to the PTAB after CAFC appeals.  This session will also explore procedural issues (Administrative Procedure Act and due process issues) and constitutional challenges that can be raised in a PTAB trial and when and how to raise those issues.