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Multiple Perspectives on Patent Reexamination in Conjunction with Patent Litigation

Wednesday, March 24, 2010
1:00 PM - 2:30 PM ET

In recent years, there has been a significant increase in the number of patents undergoing ex parte or inter partes reexamination. Roughly two-thirds of the patents undergoing inter partes reexamination and one-third of the patents undergoing ex parte reexamination also are involved in a co-pending U.S. District Court litigation or International Trade Commission (ITC) investigation. This webinar will provide an overview of patent reexaminations and various issues that may arise when reexaminations are used in conjunction with other forms of dispute resolution, such as patent litigation or ITC investigations. The speakers will address these issues from the perspectives of (i) the patent owner/plaintiff, (ii) the third party requester/defendant, and (iii) the USPTO/judge.

Participants can expect to take away a greater understanding of issues such as:

  • The grounds for nullifying patent rights in these two different forums
  • The standards of review
  • The differing approaches towards claim construction
  • Timing considerations
  • Stays
  • The effect of settlement agreements
  • The interplay between protective orders and the duty of disclosure

Our faculty members are experts in the law of technology and software patents and most are contributing authors to BNA’s acclaimed treatise, Electronic and Software Patents:  Law and Practice, Second Edition.  For more information about this book, visit BNA Books at www.bnabooks.com/esp.  Enter discount code ESY9AC and receive a 20% discount.

Questions may be submitted to the speakers prior to the webinar by e-mail to rgarfield@bna.com.

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