U.S. Patent Office Post-Grant Proceedings: Strategies for Improving Outcomes in Complex Patent Litigation

This seminar begins with an overview of post-grant proceedings and presentation of detailed statistics concerning post-grant proceeding usage and win rates. Understanding post-grant proceeding win rates is important for practitioners to effectively prepare for, or respond to, petitions for inter partes review or covered business method review.

Mr. Armon of Cooley LLP presents an in-depth coverage of petitioner strategies for using post-grant proceedings, recommendations for patent owners to defend against post-grant proceedings, and detailed recommendations for using post-grant proceeding results in district court litigation.

The presentation concludes with an overview of hot procedural and substantive topics concerning post-grant proceedings that have arisen at the Patent Trial and Appeal Board during the past year, and a description of five common mistakes to avoid when preparing a petition for post-grant review.

Learning Objectives:

I.      Learn about IPR win rate data, and why the Patent Office’s win rate statistics can be misleading

II.     Understand the two leading strategies that petitioners use when filing post-grant proceedings, and how to decide which strategy is best for your client

III.    Gain insights regarding how patent owners can survive post-grant proceedings and use their results to improve litigation outcomes

IV.    Hear about the “hot” procedural and substantive topics that have developed in post-grant proceedings during the past year

V.     Learn how to avoid five common mistakes that can fatally undermine a petition for inter partes review or covered business method review