Featuring (click image for more information):

Michael T. Siekman Wolf Greenfield	Ed Walsh Wolf Greenfield

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Why You Should Attend:

One of the most controversial and worrisome provisions of the Leahy-Smith America Invents Act is its introduction of a new post-grant review process. The new process, based on experience with a similar review process in Europe, is expected to result in an explosion in the number of challenges, particularly from large companies attempting to delay or derail start-ups and innovations from smaller organizations, including universities. The additional risks may affect licensing efforts, as well as the willingness of investors to commit to patented technologies until the post-grant review period has expired, or any PGRs initiated are settled.

While the changes won't take effect until September 2012, tech transfer professionals and IP practitioners need to quickly get up to speed on the details of this potentially damaging provision.

Agenda

Mr. Siekman and Mr. Walsh will provide a detailed review of the post-grant review provisions, their likely impact, remaining uncertainties as the USPTO deals with implementation, and strategies to begin planning for now in both patent drafting and responding effectively to post-grant actions. They’ll discuss:

• The rules for post-grant opposition
• Differences relative to Inter Partes reexam, interferences
• Industry-specific issues
• Interface with litigation: Estoppel rules, automatic stays, and more
• Filing a preliminary response
• The "more likely than not" standard
• Discovery rules
• Amending the patent – cancelling or modifying claims
• Appeal procedures
• Comparison with EPO (European Patent Office) oppositions, and lessons learned from Europe's experience
• Crystal ball gazing: Implementation by USPTO still to come
• Practical issues for TTOs

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CPE Information

Prerequisites: Knowledge of Business Valuation
Program Level: Advanced
Preparation Required: None
Delivery Method: Group Internet-Based
Recommended CPE: 1 Credit Hours (Specialized Knowledge & Applications)

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