Patents: Post-Grant Podcast

In this episode of the Post-Grant Podcast, Troutman Pepper Locke Partner Andy Zappia is joined by Counsels Nick Gallo and Bryan Smith to explore recent shifts in discretionary denial practice at the Patent Trial and Appeal Board (PTAB). They discuss the implications of these changes for patent owners and petitioners, highlighting strategies for navigating the increased unpredictability in discretionary denial practice. The episode also discusses the PTAB's increasing focus on workload challenges and how that is impacting post-grant procedures.

Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.In this episode, Troutman Pepper attorneys Andy Zappia, Kim Coghill, and Bryan Smith discuss the new final rule issued for director review in post-grant proceedings before the Patent Trial and Appeal Board (PTAB).

Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.In this episode, Troutman Pepper Partners Andy Zappia, Meg O'Gara, and Duke Fitch discuss recent developments in obviousness-type double patenting and original patent requirements, and how they might impact strategies in post-grant proceedings.

Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.In this episode, Troutman Pepper Partner Andy Zappia and Counsel Bryan Smith analyze the sanctions order made public on February 6 in the OpenSky v. VLSI IPR proceeding. They explore how sanctions work at the PTAB, the types of conduct that could expose a party to sanctions, and best practices to avoid them.

Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings at the U.S. Patent Office (USPTO).In this episode, Nick Gallo moderates a discussion with firm colleagues Andy Zappia and Bryan Smith on the increasingly active role of the USPTO director in inter partes and post-grant review proceedings, including through the director review procedure.

Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.In this episode, Troutman Pepper Partner Andrew Zappia moderates a discussion with fellow firm Partner Gunnar Leinberg and Associate Christina Shifton on patent-eligible subject matter disputes under 35 USC Section 101 in IPR and PGR proceedings.

Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.In the final installment of this three-episode series, Troutman Pepper attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O'Gara on the mechanics and strategic considerations for using reexamination as a means to amend claims in IPR and PGR proceedings.

Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series, which focuses on strategies, trends, and other happenings in post-grant proceedings.In this second installment of a three-episode series, Troutman Pepper Attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O'Gara, on the mechanics and best strategies for using reissue to amend claims in the context of IPR and PGR proceedings.Be on the lookout next month for our third episode in this three-part series, which will focus specifically on reexamination strategy in the context of IPR and PGR proceedings.

Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.In this first of a three-episode series, Troutman Pepper attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O'Gara on the pros and cons of reissue versus reexamination as a means to amend claims in the context of IPR and PGR proceedings.Be on the lookout next month for our second episode in this three-part series, which will focus specifically on reissue strategy in the context of IPR and PGR proceedings.

Please join Troutman Pepper's Intellectual Property and Health Sciences Practice Group for the second season and first installment of our podcast series focused on strategy, trends, and other happenings at the PTAB.In this episode, Troutman Pepper Partner Maia Harris moderates a lively discussion with fellow firm Partner Andrew Zappia and Associate Christina Shifton on discretionary denials under 35 USC Section 314, and what clients can expect under the new guidance. Be on the lookout for the next episode in our podcast series.

Please join Troutman Pepper's Intellectual Property and Health Sciences Practice Group for the sixth installment of the podcast series focused on strategy, trends, and other happenings at the PTAB. In this episode, Maia Harris, a partner in the firm, moderates a lively discussion with fellow firm partners Frank Liu and Dustin Weeks. Our speakers discuss evidence of secondary considerations of non-obviousness and the burden of proving a nexus to the patented claims. Be on the lookout for the next episode in our podcast series.

Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for the fifth installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partners Michael Goldman, Edwin (Ted) Merkel, and Andrew Zappia, who focus on the PTO's recent announcement to extend its Motion to Amend (MTA) Pilot Program. Our speakers discuss MTAs generally, pilot program details, as well as strategies and further considerations on seeking amendments during IPR as opposed to other available post-grant options. Be on the lookout for our next episode of this podcast series, where we will discuss arguments on secondary considerations during IPRs.

Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for the fourth installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partner Dustin Weeks and Associate Megan O'Gara, who discuss doctrine and practical issues surrounding the the prohibition against recapturing subject matter surrendered in prior prosecution during reissue proceedings. Be on the lookout for our next episode of this podcast series, where we will discuss sovereign immunity at the PTAB.

This episode of our Post-Grant podcast series discusses real parties in interest and how time bars come into play.

In this episode Maia Harris talks with Troutman Pepper Partner Michael L. Goldman and Associate Megan Thisse O'Gara who discuss the basics of supplemental examinations and provide insights for patent owners considering this option. Our speakers also cover the use of supplemental examination to dispose of validity challenges or duty of candor concerns, why a patent owner might file a supplemental examination, timing considerations, and what happens if reexamination is the next step.

Moderated by Maia Harris, this episode features Troutman Pepper Partners Dustin Weeks and Andrew Zappia, who discuss IPR institution procedures and strategies, including the importance of defeating a petition early as a patent owner, as well as considerations regarding patent litigation strategies as a whole. During this podcast, our experts also delve into the substantive and technical arguments to consider as part of a patent owner's petition and a respondent's preliminary response.