Webinars 2020

Post-Grant for Practitioners: A bi-monthly series of webinars focusing on developments in post-grant proceedings and related practice tips.

Fish & Richardson is the most active firm in post-grant proceedings at the PTAB. In 2012, we kicked-off a webinar series designed to share practice tips, nuances, observations, and strategy. Recordings for previous webinars in this series are included below, with the most recent appearing first.

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2020 Webinar Series

October 6, 2020

Post-Grant for Practitioners Webinar | Post-Grant Appeals

As of August 31 of the current fiscal year, the Federal Circuit has docketed 473 appeals from the USPTO — a 28% decline from the same period in 2019. But even with this drop, the court has nonetheless issued a number of important decisions this year. In this webinar, Fish attorneys John Dragseth and Nitika Gupta Fiorella review recent post-grant appeals. The panelists discuss hot-button cases about the substance and process of PTAB appeals at the Federal Circuit – and provide practical insights for your day-to-day practice. Topics discussed include:

  • What should practitioners do after Arthrex declared PTAB judges unconstitutional and then made them constitutional (maybe)?
  • What is the latest on standing to appeal for IPR petitioners?
  • How do various estoppels coming into and out of post-grant proceedings affect strategy and tactics in the USPTO and district court?
  • After Thryv v. Click-to-Call, can anyone challenge anything the PTAB does before a final written decision?

Click the link to download a copy of the webinar slides.

Speaker: John Dragseth, Nitika Gupta Fiorella

John Dragseth
Nitika Gupta Fiorella

August 28, 2020

Post Grant for Practitioners Webinar | Post-Grant 101

The Patent Trial and Appeal Board (PTAB) is now the most active forum for patent disputes, surpassing even the Eastern District of Texas in the number of cases it handles. This is largely due to the advantages post-grant proceedings offer over traditional patent litigation, such as lower costs and shorter timelines. With the sharp increase in post-grant proceedings in the wake of the America Invents Act (AIA), post-grant considerations are now a major component of a well-developed patent strategy. In this webinar, Fish attorneys Rick Bisenius and Karan Jhurani as they provide an overview of post-grant law and procedure, including:

  • The options for challenging patent validity through post-grant proceedings, including inter partes review (IPR), post-grant review (PGR), and ex parte reexamination.
  • What the PTAB is and who its judges are
  • The interplay between IPR and district court litigation
  • Discovery during IPR and PGR
  • Oral hearings for IPR and PGR proceedings
  • Recent developments in the exercise of discretionary denial of IPR petitions by the PTAB

Download a copy of the slides here.

Rick Bisenius
Karan Jhurani

July 10, 2020

Post-Grant for Practitioners Webinar | Just the Facts – A Mid-Year Review

In this Fish webinar, Fish attorneys John DragsethLauren Degnan, and Rob Courtney provide a mid-year review of current developments in post-grant practice. Topics that were covered include:

  • Thryv v. Click-to-Call and other issues concerning the appealability of institution decisions
  • GE v. United Technologies and other issues concerning petitioner standing to appeal IPR decisions
  • A practical update of Arthrex  – Where are we? What’s next?
  • An update on issues concerning IPR-related estoppels

Download a copy of the slides here.

Rob Courtney
Lauren Degnan
John Dragseth

January 16, 2020

Biosimilars – 2019 Year in Review

Life sciences attorneys John Adkisson, Tasha Francis, and Jenny Shmuel provide a review of current legal and regulatory developments that have had an impact on the U.S. biosimilar industry. Topics discussed during this webinar include:

  • 2019 biosimilar approvals, launches, and anticipated launches
  • Summary of FDA guidance in 2019
  • Updates regarding pending court cases and appellate decisions
  • 2019 IPR trends
  • What to look forward to in 2020!

Download a copy of the slides here

John Adkisson
Tasha Francis, Ph.D.
Jenny Schmuel, Ph.D.

January 8, 2020

Post-Grant for Practitioners: 2019 Year in Review

From the establishment of the PTAB Precedential Opinion Panel to an updated Trial Practice Guide to a decision throwing the constitutionality of PTAB appointments into question, 2019 was a busy year in post-grant practice. Join Fish Principals and Post-Grant Practice Co-Chairs Dorothy Whelan and Karl Renner as they take a closer look at the most significant developments in post-grant jurisprudence from 2019 and their impact on practitioners. Dorothy and Karl discuss:

  • PTAB statistics and trends
  • The PTAB’s Precedential Opinion Panel and some of the decisions it designated this year
  • Important Federal Circuit and Supreme Court decisions, including:
    • Celgene Corp. v. Peter
    • Arthrex, Inc. v. Smith & Nephew, Inc.
    • Return Mail, Inc. v. United States Postal Service
  • What to watch for in 2020

Download a copy of the slides here.

Karl Renner
Dorothy Whelan