Strategies and Tactics for Winning at the PTAB
The preliminary proceeding of an AIA Trial is perhaps the most critical period for patent owners. With an increased interest in discretionary denials and a rebalancing in the application of patent owner testimonial evidence, the patent owner must act quickly and decisively to halt the proceeding. If a patent owner is not successful at this stage, a PTAB Trial starts with institution and then concludes in a final written decision (FWD). Numerous pitfalls and opportunities exist from preliminary proceeding to FWD.
Topics will include: challenging petitions on discretionary matters under 314(a); 325(d); preliminary response evidence; petition preparation; joint defense dynamics; development of declaration testimony; briefing matters of significance, not wasting money on distractions, direct testimony, cross-examination, and the Amendment Pilot program.