PROFESSIONAL WEBINARS

Kevin McNish, Managing Member of McNish, PLLC, conducted a webinar “Federal Circuit Filings 101: Appeals from the PTAB”. This webinar outlined discussed topics such as admission and CM/ECF NextGen to principal filings formats, and procedures to file at the CAFC.

A follow-up to Federal Circuit Filings 101: Appeals from the PTAB webinar, this webinar covers common yet challenging procedural and logistical issues in Federal Circuit appeals of Patent Trial and Appeal Board proceedings. PTAB practitioners, Kevin McNish of McNish, PLLC covered topics including correcting filings; handling confidential materials; addressing supplemental authority; petitioning for panel or en banc rehearing; managing consolidated or companion appeals; litigating constitutional issues, and raising the same issue across multiple briefs.

In contrast to depositions in district court litigation, depositions in Patent Trial and Appeal Board (PTAB) proceedings present distinct strategic and procedural considerations. Understanding those distinctions will help practitioners make the most of depositions in this unique forum. PTAB practitioner Josepher Li, an attorney at Armond Wilson LLP, covered topics such as the logistics and mechanics of conducting a PTAB deposition and tips for maximizing this important discovery tool.

Building on the explanatory animation of the United States Patent and Trademark Office (USPTO)’s Legal Experience and Advancement Program (LEAP), Michelle Aspen, Senior Patent Counsel of Unified Patents, LLC discussed how LEAP helps junior attorneys gain trial advocacy skills by providing opportunities to practice at the Patent Trial and Appeal Board (PTAB) oral arguments. LEAP preparation includes training and mentoring on oral advocacy, the use of demonstratives, effective use of hearing time, etiquette, and other logistics of an oral hearing.

Khue V. Hoang, Philip Eklem, and Connor Houghton, elite practitioners from Reichman Jorgensen Lehman & Feldberg, engaged in a lively educational conversation about the International Trade Commission (ITC) and the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO), two popular forums for patent litigation. Although these areas have different scopes for proceedings and offer different remedies, patent disputes are often fought on both fronts, creating complex litigation scenarios.