Inter Partes Review: Patent Litigation Strategy After the AIA

About the Course: The America Invents Act replaces reexamination with inter partes review. This seminar provides strategic insights into managing the intersection of inter partes review and patent litigation in the post AIA world. Inter partes review may benefit patent holders in terms of estoppel and ability to submit comments to the United States Patent and Trademark Office prior to the initiation of inter partes review. However, patent holders may face less settlement leverage, higher risk of patent invalidity, and higher risk of stay of litigation in light of inter partes review. Timelines for filing inter partes review as well as charts comparing discovery and stays under inter partes review and litigation are provided. If you don’t know the answers to questions such as those below you really should listen to this webinar: Under the AIA’s inter partes review, who bears the burden of proof for demonstrating unpatentability? Under which sections of the Patent Act can challenges be brought to inter partes review? What are the timelines for filing petitions for inter partes review? What are the fees? What are the criteria for granting petitions for inter partes review? To what extent do Federal Rules of Evidence apply to inter partes review? How does the filing of Declaratory Judgment affect rights to pursue inter partes review? When is estoppel triggered in the context of inter partes review? How do discovery and Markman hearings in the context of inter partes review compare to traditional litigation? How do stays work with regard to inter partes review? How can failed patent challenges in inter partes review lead to a greater likelihood of the determination of willful infringement? To what extent do intervening rights exist for new claims incorporated into patents after inter partes review? Course Leader: Steven J. Rizzi, Partner, Foley & Lardner LLP Steven Rizzi focuses his practice on patent litigation and counseling. He has represented clients in numerous patent litigations involving electrical, mechanical and computer-related disciplines, with a particular emphasis on matters involving the Internet, telecommunications and television-related technologies. Mr. Rizzi has experience in all aspects of patent litigation, including primary responsibility in patent litigations for numerous major corporations. Mr. Rizzi has litigated cases covering a wide array of products and services in different industries. His experience includes cases involving semiconductor packaging, machining techniques for aircraft engine components, wireless telephony, interactive television, television/Internet convergence, on-line games, satellite television, optical disk storage technology and packaging designs, electronic program guides, sports equipment, fiber optic communications devices and financial products.
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