Program Details

Interface Between PTAB Contested Proceedings and District Court Litigation

Content Partner:  West LegalEdcenter
Price: $195.00*
This program is no longer available.

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Most contested proceedings before the Patent Trial & Appeal Board involve patent claims in parallel litigation in the district courts. Often the district court action is stayed pending completion of the contested proceeding, at least at the PTAB stage before appeal to the Federal Circuit.  This creates a multitude of issues that will be addressed in this webinar.  For example, the different burdens of proof and claim construction standards between the two parallel proceedings will be examined.  The district court analysis in granting or denying a stay will be addressed along with the complex estoppel rules affecting PTAB proceedings and district court actions.  The limited discovery in PTAB proceedings and the possible use of discovery from the district court in the PTAB proceeding will be examined. Protective orders in both proceedings and the limited ability to treat evidence confidential in contested proceedings make evidentiary consistency between the proceedings problematic.  The real party in interest and privity rules in contested proceedings and the timing requirements for bringing a contested proceeding after service of the complaint in the district court will be addressed. These and other important cutting edge issues will be discussed by top experts:  Donald R. Banowit, chapter editor of Chapter 16 (Office-District Court Interface) of Patent Office Litigation (Thomson Reuters West), a very experienced patent office litigator, and Jamie H. McDole, Haynes and Boone, LLP, a highly experienced patent litigator, will be interviewed by Robert Greene Sterne, Editor-in-Chief of Patent Office Litigation (TRW).  

Practice Areas: Intellectual Property Law, Patent Law
Online Media Type: Video
Production Date: 12/12/2014 2:00 PM EST
Level: Intermediate
Category: Standard
Duration: 1 Hours, 15 Minutes
Online Format: Live

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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance.  Credit totals for other formats are for complete programs.  Partial credit is not available for any online or downloadable format. 


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Total Credits: 1.25
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

Check your state requirements and get contact information.
Donald R. Banowit - Sterne, Kessler, Goldstein & Fox P.L.L.C.
Jamie H. McDole - Haynes and Boone, LLP
Robert Greene Sterne - Founding Director, Sterne, Kessler, Goldstein & Fox P.L.L.C.
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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