ARLINGTON, Va., Oct. 12, 2011 /PRNewswire-USNewswire/ -- The recently enacted Leahy-Smith America Invents Act (H.R. 1249) marks the most significant changes to patent law in nearly sixty years. In addition to changing the U.S. right to the patent from the present "first-to-invent" system to a "first-to-file" system for patent applications filed on or after March 16, 2013, the law sets the stage for sweeping changes in the role of the United States Patent and Trademark Office (USPTO).
With the passage of this precedent-setting legislation, the USPTO has been designated as an alternative forum to U.S. district courts for vetting the validity of issued U.S. patents, modifying existing practice and providing entirely new structures and legal bases for deciding patentability questions at the USPTO. In addition, the legislation also seeks to offer a fast track option provided by the USPTO to speed up the patent process, reduce the backlog of patents, decrease litigation regarding patent validity and offer American inventors increased protections to secure their intellectual property abroad.
Register Now for BNA's October 19 webinar, Patent Litigation at the USPTO Under the America Invents Act of 2011, as three expert intellectual property practitioners from Sterne Kessler Goldstein & Fox P.L.L.C, will address questions surrounding USPTO's revised role and what it means for inventors and business owners across a variety of industries.
Given the scope of these changes, this webinar will address how the Act as a whole opens the door wider for patent litigation at the USPTO and its implications for legal practitioners and their clients alike. This includes a closer look at:
- The new agency-level decision-making body created by the Act, called the Patent Trial and Appeal Board (PTAB), and its composition, role, and procedures.
- The four new (or recast) grounds for vetting patentability at the USPTO on behalf of patent owners or third-party challengers: post-grant review, inter partes review, supplemental examination, and the original ex parte reexamination.
- Various strategic issues raised by the America Invents Act as it aims to move more patentability decisions to the USPTO and at the same time make them more timely and efficient.
About the Speakers:
Michael V. Messinger / Sterne, Kessler, Goldstein & Fox P.L.L.C.
Mr. Messinger is a Director in the Electronics Group at the Washington, D.C.-based intellectual property law firm. He works with company managers, directors, and employees to identify and leverage intellectual property assets. He has extensive experience prosecuting U.S. and international patent applications and developing strategic patent portfolios. Mr. Messinger has written and prosecuted numerous patent applications including those related to computer networking (Internet, World-Wide Web, Java technologies), communications protocols, high-speed optical communications, photonics, graphics processing, data mining, voice-over-IP, cryptography, spread spectrum technology, and multi-processor computer architecture. He has handled complex patent matters involving appeals reissue and re-examination. Mr. Messinger has also provided infringement and validity analysis in opinion work and in support of litigation for computer-related patents.
Jon E. Wright / Sterne, Kessler, Goldstein & Fox P.L.L.C.
Mr. Wright is a Director in the Litigation and Electronics Groups at Washington, D.C.-based intellectual property law firm. He is active in all aspects of the firm's patent practice, with a focus on complex patent litigation and appellate litigation in the courts, and complex reexamination practice before the United States Patent & Trademark Office. Mr. Wright is a recognized leader in complex reexamination practice where there is co-pending district court litigation or USITC investigations. He is familiar with the challenges faced by both patent owners and third-party requesters in these complex proceedings. In particular, he has represented patent owners in over thirty inter partes and ex parte reexaminations involving concurrent district court or USITC proceedings, including appeals to the Board of Patent Appeals and Interferences (BPAI). He also has extensive experience in the preparation and prosecution of patent applications before the USPTO in technologies ranging from software, hardware (analog and digital), communications, wireless devices and systems, networking, database management, computer memory devices, semiconductor manufacturing, computer graphics and electrical power systems including nuclear technology.
Deborah Sterling, Ph.D. / Sterne, Kessler, Goldstein & Fox P.L.L.C.
Dr. Sterling is an Associate in the Biotechnology/Chemical Group at Washington, D.C.-based intellectual property law firm. Her practice is focused in the biotechnology and pharmaceutical industries, where she is involved in all areas of patent procurement, exploitation and enforcement. She has significant experience in representing clients in patent reexaminations and has represented clients in patent interferences before the Board of Patent Appeals and Interferences of the U.S. Patent and Trademark Office. Dr. Sterling has extensive experience in evaluating patent portfolios for invalidity, non-infringement, freedom-to-operate and due diligence analyses, and she has assisted clients in devising design-around strategies for issued patents. Dr. Sterling's practice also includes counseling clients on intellectual property strategy as well as domestic and foreign patent prosecution. She has also been involved in multiple pharmaceutical and biotechnology patent litigations, including those brought under the Hatch-Waxman Act.
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