August 17, 2022 Webinar CLE: Previewing the Leahy-Cornyn-Tillis “Patent Trial and Appeal Board Reform Act of 2022”
Topic: Previewing the Leahy-Cornyn-Tillis “Patent Trial and Appeal Board Reform Act of 2022”
The Leahy-Smith America Invents Act (“AIA”) of 2011 made a number of significant changes to patent law in the United States. Among the most useful – and to some, most controversial – was the creation of the Patent Trial and Appeal Board (“PTAB”), the entity chartered with handling, among other things, a brand-new procedure for lodging challenges against the validity of issued U.S. patents – Inter Partes Review (“IPR”).
In the decade since passage of the AIA, the PTAB and the IPR process has undergone a number of challenges – to their constitutionality and to the process used to determine whether to institute the process – and criticisms – that it is a “patent death squad” and that the PTAB is insufficiently independent. In response to some of these challenges and criticisms, in 2022, Senators Leahy, Cornyn & Tillis have introduced legislation to change practices and procedures in the PTAB. This CLE will review the proposals so that participants can understand where Congress believes the PTAB needs to be changed and the reasons for those changes, so as to anticipate potential changes in their PTAB and litigation practices, and alert clients if they should weigh in on this legislation.
McCoy Smith is Founding Attorney at Lex Pan Law, a full-service intellectual property law firm located in Portland, Oregon, USA. Prior to founding Lex Pan Law in 2019, he was an in-house business unit IP lawyer for a Fortune 50 multinational technology corporation, handling all IP matters for a variety of different software and hardware business groups. He also had primary responsibility for that corporation’s open source legal strategies and policies. Before going in-house, McCoy was an attorney in private practice at a leading boutique IP law firm in New York, NY and Washington, DC, specializing in IP litigation and patent prosecution. He was a patent examiner in the U.S. Patent & Trademark Office prior to law school, and taught patent bar review for Patent Resources Group from 1999 to 2008. He is a member of the executive committee of the Oregon State Bar IP Section, and lectures worldwide on patent law and open source issues, as well as the interrelationship between the two. McCoy is admitted to practice in New York, California, and Oregon as well as the U.S. Patent & Trademark Office and Canadian Intellectual Property Office.
MCLE Credit: Applying for one (1) general credit from the Oregon State Bar
Date: Wednesday, August 17, 2022
Time: 12:00 pm – 1:00 pm
Where: ******ZOOM Meeting******
Meeting Links and Materials Will Be Provided the Morning of the Event
Registration: Click here to register and pay via the Bar website by credit card or ACH. Cost is $25. (Note: Registration is limited, and participants must register by noon on Tuesday August 16, 2022)
*Waiver of the registration fee due to economic hardship is available; email the registration contact person indicated below.
**Law students: May attend for free depending on seat availability; email the registration contact person indicated below.
Cancellations and Refunds:
Full refunds will be granted for cancellations received by the OSB CLE Service Center by 5pm on Tuesday, August 16, 2022. Please contact the CLE Service Center to cancel and also email the CLE Organizer listed below to inform them of the cancellation.
CLE Schedule and Material:
Visit the IP Section’s website for upcoming CLEs and to download materials for this CLE and past presentations. (CLE materials will be uploaded soon after the CLE.)
The organizer for this CLE is McCoy Smith from Lex Pan Law.
For registration or payment questions please contact the OSB CLE Service Center at (503) 431-6413 or via email.