Patent Reexamination: Effective Strategy for Litigating Infringement Claims

Best Practices for Pursuing and Defending Parallel Proceedings

A live 90-minute CLE webinar/teleconference with interactive Q&A
Sponsored by the Legal Publishing Group of Strafford Publications
Tuesday, May 3, 2011 ~ 1:00pm-2:30pm EDT
Price: $297

Please note: You will be taken to the Strafford website to complete your order.

This CLE webinar will prepare patent litigators to respond to common challenges that arise when using parallel patent reexaminations as a litigation tool. The panel will provide best practices for pursuing or defending patent litigation claims involving reexaminations.

Description

Patent reexamination filings are soaring. Companies accused of patent infringement are now fighting back by routinely asking the U.S. Patent and Trademark Office (PTO) to reexamine the validity of the accuser’s original patent.

Reexaminations can be a driving factor in determining how a patent infringement case is ultimately resolved. When patent reexaminations are sought in the context of pending litigation, patent litigators must have an effective strategy in place to confront the unique issues associated with them.

Listen as our authoritative panel of patent attorneys identifies common challenges confronting patent litigators when using reexaminations as a litigation tactic. The panel will offer strategies for pursuing or defending patent litigation claims involving patent reexaminations.

Outline

  1. Overview — PTO reexamination process
    • Ex parte reexaminations
    • Inter partes reexaminations
    • Reexamination trends
  2. Common issues arising with use of patent reexaminations during litigation
    • Collateral estoppel and intervening rights
    • Conflict between reexamination and court findings
    • Admissibility of reexamination proceedings at trial
    • Motions for stay based on reexamination proceedings
  3. Effective litigation strategies and tactics
    • When and in what circumstances should reexaminations be filed?
    • Separate reexamination counsel?
    • Race to judgment

Benefits

The panel will review these and other key questions:

  • What are the current trends surrounding the use of patent reexaminations during patent litigation?
  • At what point in the litigation proceeding should reexaminations be filed?
  • How have the doctrines of collateral estoppel and intervening rights created challenges for attorneys using patent reexaminations as a strategy during patent litigation?

Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Greg H. Gardella, Partner, Moderator
Irell & Manella, Los Angeles
He practices in the areas of patent prosecution, reexamination, reissue proceedings, strategic counseling, due diligence investigations, pre-suit investigations, licensing, preparation of infringement and validity opinions, and trade secret enforcement. Reexamination is one of his specialties — he has represented both patent owners and challengers in well over 20 reexamination proceedings.

Additional faculty to be announced.

Register Today!
Price covers an unlimited number of staff at your office location. Can’t participate in the live seminar? A CD of the full event proceedings, including Q&A and PDF files of all handouts, will be available 10 days after the seminar.

Continuing Legal Education
Continuing Legal Education credits are granted for an additional $65 per person. Please refer to the options on the order page to take advantage of these credits.


Please note: You will be taken to the
Strafford website to complete your order.



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