2021 Conference Agenda
2021 ANNUAL CONFERENCE
SCHEDULE AT A GLANCE
| WEDNESDAY, SEPTEMBER 22, 2021 PRE-CONFERENCE | ||
| 1:00 pm - 3:45 pm | Pre-Conference Session: PTAB Bootcamp This session is geared toward lawyers who are interested in an overview of the who, what, and when of IPRs, PGRs, CBM reviews, and appeals. The “who” will address the general questions that need to be addressed to see if your client is eligible to file one of these proceedings. The “what” will address the general questions about what patents are eligible for each type of review and what may be raised in each of these proceedings. And the “when” will address the timing limitations for each of these proceedings. This interactive workshop will guide attendees through an IPR fact pattern from institution to final written decision, discussing best practices for petition drafting, briefing before the Board, discovery parameters boundaries, and tips for a successful oral argument. | Ren Harn (Willke) Todd Baker (Kirkland) Eldora Ellison (Sterne Kessler) Chetan Bansal (Paul Hastings) LAPJ Michael Zecher LAPJ James Worth LAPJ Susan Mitchell |
| 1:00 pm - 3:15 pm | Pre-Conference Session: PTAB Master Class The PTAB Master Class is for highly experienced PTAB trial practitioners. The session will include an interactive discussion of advanced topics that have developed over the past year. The Master Class will consist of two hour-long panels, with the first focusing on issues arising during an IPR/PGR trial and the second focusing on issues arising after the final written decision, including Director review. | Co-Moderator: David McCombs (Haynes Boone) Co-Moderator: Scott McKeown (Ropes) Lori Gordon (Perkins) Joe Palys (Paul Hastings) Lisa Mandrusiak (Roku) Monica Grewal (WilmerHale) Dan Girdwood (Samsung) Lauren Dengan (Fish) APJ Tom Giannetti LAPJ Michelle Ankenbrand |
| 1:00 pm – 5:00 pm | Committee Meetings | |
| THURSDAY, SEPTEMBER 23, 2021 | ||
| 7:00 am – 8:30 am | Registration and Breakfast | |
| 7:30 am | Diversity Breakfast | |
| 8:30 am – 9:00 am | Keynote from PTAB Chief Judge Boalick Welcome by: Karl Renner, Fish Richardson | |
| 9:00 am - 10:00 am | General Session 1 - Patent Office Policy Post-Iancu: Where does the office go from here? This session will look at the past four years and the policy decisions made under Director Iancu's leadership. It will explore the use of precedential decisions to set forth policy and how the new administration may treat rules that were not adopted as regulations, and also how the new Director may utilize the new Director review process under Arthrex. The session will provide a discussion of the administrative procedures and rulemaking that the next Director could use to confirm or change the policy positions. | Moderator: Dave Cavanaugh (WilmerHale) Erika Arner (Finnegan) Tim Fink (O'Melveny) Arti Rai (Duke / DOC - GC office) Joe Matal (Haynes Boone) |
| 10:00 am - 10:15 am | Break | |
| 10:15 pm - 11:15 am | General Session 2 - PTAB Judges' Panel - An Inside Perspective This session will feature first-hand insights from Administrative Patent Judges with experience presiding over PTAB trials. | Moderator: Terry Rea (Crowell) SLAPJ Melissa Haapala VCJ Mike Tierney DCJ Jackie Bonilla APJ Eric Jeschke |
| 11:15 am – 12:15pm | General Session 3 - Evolving strategies in view of Discretionary Denial Now that discretionary denials are here to stay, how are petitioners avoiding them and patent owners encouraging them? Have those strategies evolved? Is ex parte reexam a viable option and does section 325(d) apply to reexam? How has the joinder calculus changed? | Moderator: Andrew (AJ) Sutton (Bookoff) Buddy Toliver (Cisco) Debs Sterling (Sterne Kessler) Marissa Ducca (Quinn) APJ Linda Horner |
| 12:15 pm – 1:30pm | Networking Lunch | |
| 1:30 pm – 2:00 pm | Discussion with Acting Director | Moderator: Karl Renner |
| 2:00 pm – 2:10 pm | Break | |
2:10 pm - 2:55 pm | Concurrent Session A - Decisions on Appeal and Future Patent Challenges This session will discuss factors to consider when evaluating the impact of a decision in an appeal to the PTAB on later challenges to the patent, including post-grant proceedings. The panel will explore topics such as deference, the differences in claim construction standards, differences in the law, and practical considerations. | Moderator: Jen O'Connell (Davidson, Davidson & Kappel) Tom Scott (Personalized Media Comms) Lora Green (Wilson) Lissi Mojica (Answers IP) VCJ Mike Kim |
Concurrent Session B - Appeals from the PTAB This session will explore various PTAB-specific appellate issues | Moderator: Daniel Zeilberger (Paul Hastings) Karen Robinson (Adobe) Nate Kelley (Perkins) Will Milliken (Sterne Kessler) Heidi Keefe (Cooley) | |
| 2:55 pm – 3:05 pm | Break | |
| 3:05 pm - 4:05 pm | General Session 4 - LEAP Program Discussion and Oral Argument This session has two parts: (i) An APJ-guided discussion on the developments and accomplishments of the LEAP program; and (ii) short mock arguments on current hot topics in PTAB practice. Senior practitioners and APJs will provide feedback to the next gen advocates, drawn from the Young Lawyers and Agents committee. | Co-Moderator: Deborah Yellin (Crowell) Co-Moderator: Mike Babbitt (Willke) Gracie Mills (Finnegan) – Mock Renia Zervos (Sterne) – Mock VCJ Janet Gongola SLJ Kalyan Deshpande APJ Amanda Wieker |
| 4:05 pm | Reception | |
| FRIDAY, SEPTEMBER 24, 2021 | ||
| 9:00 am - 10:00 am | General Session 6 - Diversity, Equity, and Inclusion Panel This session will focus on diversity and inclusion issues in the PTAB practice, for example: (i) an in-house perspective on D&I issues (ii) a discussion of the Women's Committee Report (iii) implicit/unconscious bias and/or how we can encourage diversity in the legal profession, etc. | Michelle Galloway (Cooley) Evangelina Almirantearena (Intel) Demarron Berkley (Google) Shayne O’Reilly (Facebook) Special Guest from the PTAB Bar Association Women’s Committee |
| 10:00 am - 10:45 am | General Session 7 - View from the Federal Circuit A perennial favorite, this session will invite a panel of Federal Circuit judges to share their view of the PTAB practice and tips for how patent owners and petitioners can improve their odds for success on appeal. | Moderator: David Higer (Faegre Drinker) Judge Pauline Newman Judge Kathleen O'Malley Judge Raymond Chen |
| 10:45 am - 11:00 am | Break | |
| 11:00 am – 12:00 pm | General Session 8 - Ethics Before the PTAB This interactive session will explore emerging ethical issues. | Emil J. Ali (McCabe & Ali) OED Deputy Director William J. Griffin SLAPJ Kalyan Deshpande |
