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PTAB Year in Review - Designated Decisions, Constitutional Challenges, and AIA Procedures
The Patent Trial and Appeal Board (PTAB) continued to have a meaningful impact on IP litigation in 2019 as the preferred venue for challenging validity. There were a number of significant developments at the PTAB in 2019 including: numerous designated decisions, Constitutional challenges, and several procedural updates that will affect AIA trial practice going forward. These developments present new options for both petitioners and patent owners, and include:

• Recently designated decisions and what it means going forward
• Arthrex Inc. v. Smith & Nephew Inc. – Questioning the structure of PTAB proceedings and if judges have sufficient oversight
• Claim Amendments – An update on the Pilot program and alternate post-grant paths
• Due Process challenges related to IPRs on pre-AIA patents
• Real Party in Interest (RPI) & Privity
• Standing issues related to challenging patents and appealing decisions

In this webinar, the Brooks Kushman post-grant professionals Sangeeta Shah, Andrew Turner and John Rondini will review these developments and discuss potential strategies to maximize the benefit from the changes, while avoiding potential downsides.

Feb 20, 2020 02:00 PM in Eastern Time (US and Canada)

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Speakers

Sangeeta Shah
Chief Executive Officer @Brooks Kushman
Sangeeta represents several Fortune 500 clients and has over 20 years of experience, providing strategic counseling and guidance on their global intellectual property portfolios. She is frequently called upon to counsel clients in developing best practices and strategic planning of their patent portfolios. She works closely with clients from the earliest stages of their technical development, offering valuable advice about how to protect their inventions and new ideas in view of their business strategies. She advises clients on multi-faceted patent clearance, and adversarial matters and works with technical and legal teams to develop invalidity arguments and design around solutions to bolster her clients’ positions.
John Rondini
Shareholder @Brooks Kushman
Rondini helped develop and is the Co-Chair of Brook Kushman’s Cybersecurity and Data Privacy group. He has also represented client’s litigation matters at the district court and appellate level, before the International Trade Commission, and also has extensive litigation experience with Post-Grant Proceedings before the U.S. Patent and Trademark Office. Rondini has also assisted in managing the patent prosecution docket for clients that range from Fortune 500 companies to individual inventors.
Andrew Turner
Co-Chair Post-Grant Proceedings @Brooks Kushman
Andy is Co-Chair of Brooks Kushman’s Post-Grant Proceedings practice. He holds degrees in both electrical and mechanical engineering and focuses his practice on patent prosecution and post-grant proceedings. His practice encompasses a range of technical areas, including automotive, electronics, audio and lighting systems, and telecommunications. Andy has a proven track record in over 30 post-grant proceedings including IPRs, reissue, and reexamination proceedings. He has represented petitioners, patent owners, and third-party protesters. He has helped petitioners cancel hundreds of claims and challenge substitute claims proposed under the old amendment system. Andy has also successfully defended patent owners at the PTAB, including several decisions denying institution. Andy also has experience with litigation related to IPRs, and has appeared in over 20 IPR appeals to the Federal Circuit and in an investigation before the International Trade Commission.