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Fish at the Podium

New and Reformed Inter Partes Proceedings Under the America Invents Act

Wednesday, March 7th, 2012, 1:00 pm EST

Fish at the Podium

New and Reformed Inter Partes Proceedings Under the America Invents Act

Wednesday, March 7th, 2012, 1:00 pm EST

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New and Reformed Inter Partes Proceedings Under the America Invents Act
Wednesday, March 7, 2012
1:00 p.m. ETTraditionally, US patent law has provided limiting options for challenging patent validity, except through litigation, as a defense to infringement. Besides being time consuming and expensive, however, a challenger in litigation faces a relatively high burden of proof and, perhaps more significantly, risks substantial liability for infringement if the challenge fails. While some mechanisms have existed for challenging patents in the US Patent and Trademark Office (PTO), they have had high barriers to entry and estoppel issues, making them of limited use to would be challengers. The Leahy Smith America Invents Act (AIA), however, may change that equation. The AIA provides new proceedings by which a company or individual may challenge patents in the PTO, while also reforming standards for challenging patents under existing PTO proceedings. At the same time, the Act also reforms patent litigation by changing or eliminating some grounds for challenging patent validity in court. Consequently, patent challengers and defenders alike face a barrage of new proceedings and rules for opposing patents of dubious quality and for protecting the patents they already have.

In this webinar, we will:

  • Review the new and reformed proceedings in the US Patent and Trademark Office for challenging patents
  • Discuss litigation reforms likely to affect challenges to patents
  • Explore the pros and cons of different mechanisms for challenging patent of dubious validity, and for defending patents worth protecting
  • Provide tips for strategies to navigate these new rules.

Presenter:
Samuel Woodley PhD, Principal, New York

Fish & Richardson will apply 1 hour of general CLE credit in most states.

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