Directors Robert Greene Sterne and Eldora L. Ellison, Ph.D. will be speaking in the Advanced Patent Trial and Appeal Board (PTAB) Trial Strategies 2020 live webcast on Wednesday, September 9, 2020. This event is hosted by Practicing Law Institute. Rob will provide opening remarks at 9:00 a.m. EDT and Eldora will participate in the panel "Advanced PTAB Trial Grounds: Petition Drafting, Support & Strategy, Patent Owner Evidence, Counter-Arguments/Strategy" at 9:15 a.m. EDT. Eldora's panel will address the following topics:
- Drafting petitions to account for your infringement case: With the shift from BRI to Philips, petitioners must be far more precise in their petition filings. From leveraging the evolving litigation record, to selecting terms for construction, these critical decisions can make or break your petition.
- Navigating thorny 112/101 issues: Anticipating thorny 112 issues, nonce words, and means-plus-function claims. Is the PTAB the best place for your 101 case?
- Anticipating agency discretion: With Texas courts racing against the clock with the PTAB, what do you need to know before your file? When does a parallel or follow-on petition make sense? What impact will Dex Media have on PTAB institution practice?
- Addressing the interests of the Board in your patent owner preliminary response (POPR): Crafting your response and evidence to win early. How to address the key interests of the Board.
- Marshalling evidence for your patent owner preliminary response (POPR): whether testimonial, printed publication, or discretion, there are multiple avenues to success.