Building a Winning Evidentiary Record at the PTAB (and Surviving Appeal)
Selecting and Tailoring Evidence, Timing of Submission by Petitioner and Patent Owner, and Best Practices for Challenging Evidence
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will provide patent counsel with guidance for navigating evidentiary issues in PTAB trials. The panel will look at PTAB evidentiary standards, address types of permitted discovery, contrast the weight versus admissibility of evidence, review timing requirements, and examine evidentiary objections. The panel also will discuss best practices for the use of expert witnesses and considerations for ensuring that an evidentiary record stands up to Federal Circuit review.
Outline
- Evidentiary standards at the PTAB
- Weight and admissibility of evidence
- Timing of evidence submitted
- Submission by the petitioner
- Submissions by the patent owner
- Challenging evidence and expert testimony
Benefits
The panel will review these and other key issues:
- How can practitioners prepare and submit evidence to support the petitioner's or patent owner's position?
- What limitations do patent owners face in submitting evidence?
- What best practices should practitioners employ when challenging evidence and expert analysis?
Faculty
Richard M. Bemben
Director of Electronics Practice Group and Co-Chair PTAB Practice
Sterne Kessler Goldstein & Fox
Mr. Bemben is a recognized leader in post-grant proceedings before the U.S. Patent and Trademark Office. Over the last... | Read More
Mr. Bemben is a recognized leader in post-grant proceedings before the U.S. Patent and Trademark Office. Over the last decade, he has been counsel in over 130 PTAB proceedings—including inter partes reviews, post-grant reviews, and covered business method reviews. Mr. Bemben has also been counsel in more than a dozen related Federal Circuit appeals. His practice also includes worldwide patent portfolio development and providing clients with strategic advice on a variety of issues related to intellectual property, including handling pre-suit demand letters, conducting freedom-to-operate studies, and implementing other defensive strategies. Mr. Bemben is a former patent examiner at the U.S. Patent and Trademark Office and often speaks and publishes on patent- and PTAB-related topics.
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Justin Krieger
Partner
Kilpatrick Townsend & Stockton
Mr. Krieger is a first chair inter partes review and post-grant review litigator with an over 90% win... | Read More
Mr. Krieger is a first chair inter partes review and post-grant review litigator with an over 90% win rate in both challenging third-party patents and defending against patent challenges brought before the PTAB. He also serves as an adjunct Professor of Law at the University of Denver Sturm College of Law where he teaches a course on PTAB studies. As a registered patent attorney, Mr. Krieger also focuses on district court and ITC litigation, client counseling, and patent prosecution. His technical focus includes chemistry, chemical engineering, biotechnology, medical devices, metallurgy, nanotechnology, mechanical engineering and consumer products. Mr. Krieger lectures and publishes frequently on various IP topics.
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April E. Weisbruch
Partner
McDermott Will & Emery
Ms. Weisbruch focuses her practice on intellectual property matters, particularly in managing large-scale IP litigation... | Read More
Ms. Weisbruch focuses her practice on intellectual property matters, particularly in managing large-scale IP litigation and counseling. She works with clients in wide-ranging technology sectors, including pharmaceuticals, software applications, medical devices, organic chemistry, and ballistics. She represents clients in all phases of patent litigation, from the filing of a complaint through appeal, as well as in the highly specialized post-grant proceedings before the United States Patent Trial and Appeal Board (PTAB). She has extensive deposition, hearing, and trial experience in US district courts throughout the country and the US Court of Federal Claims, the US Court of Appeals for the Federal Circuit, and the PTAB. Her litigation experience includes traditional "competitor" litigation, litigation against non-practicing entities, ANDA litigation under the Hatch-Waxman Act, and Sec. 1498 litigation against the United States of America.
CloseEarly Discount (through 12/06/24)