Hon. William C. Conner Inn of Court

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  • 14 Nov 2017
  • 6:00 PM - 8:00 PM
  • Thurgood Marshall US Courthouse, 40 Foley Square, New York, NY 10007

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Oil States
Tuesday, November 14, 2017, 6 - 8 PM
Thurgood Marshall US Courthouse, Courtroom 706
40 Foley Square, New York, NY 10007

Part A: Mock Supreme Court Argument

Mock Supreme Court argument as to the constitutionality of the Inter-Partes Review Procedure (“IPR”) of the US Patent Office, which is the issue the US Supreme Court has taken up for review in the Oil States case.

Part B: Panel Discussion

In the Oil States case the petitioner sought review of some of the procedures of the Patent Trial and Appeal Board (“PTAB”), which hears the IPR cases. However, the Supreme Court declined to consider those issues. We plan a panel discussion of those issues and perhaps others surrounding IPRs.

Topics of Discussion:

  • The ability to amend the claims during the procedure
  • The use of the “broadest reasonable interpretation” as the standard for claim interpretation.
  • Whether the PTAB can sua sponte reject amended claims based on issues and arguments never suggested before the final hearing.
  • Stacking Panels through petitions for rehearing.
  • Whether the same panel that grants institution should consider and write the final written decision. 

Speakers:
Jacob Baldinger, Weiss & Arons LLP
Melvin Garner, Leason Ellis LLP
Anthony Lo Cicero, Amster Rothstein & Ebenstein LLP
Stuart Pollack, DLA Piper LLP
Hon. J. Paul Oetken, United States District Court for the Southern District of New York

Agenda
II. Educational Program 6 - 7 PM, Courtroom 706
III. Reception 7 – 8 PM, Conference Room 501

CLE Materials
Compiled CLE Materials Book

Howard K. Stern v. Elaine T. Marshall
IPRS Are a Constitutional Exercise of Congressional Authority to Empower an Administrative Agency to Determine the Validity of Patents By: Melvin Garner
Oil States Energy Services v. Greene's Energy Group Brief in Support of Respondent, Greene's Energy Group
Oil States Energy Services v. Greene's Energy Group Brief in Support of Respondent, Public Knowledge
Oil States Energy Services v. Greene's Energy Group Brief for the Federal Respondent
Oil States Energy Services v. Greene's Energy Group Brief for Petitioner
Oil States Energy Services v. Greene's Energy Group Brief in Support of Neither Party, PTAB Association
Oil States Energy Services v. Greene's Energy Group Brief in Support of Respondent, 72 Professors of Intellectual Property
Oil States Energy Services v. Greene's Energy Group Brief in Support of Respondent, Apple Inc.
Oil States Energy Services v. Greene's Energy Group Brief in Support of Respondent, SAP America Inc. et al.
Oil States Energy Services v. Greene's Energy Group Brief in Support of Respondent, I-MAK
Oil States Energy Services v. Greene's Energy Group Brief in Support of Respondent, Mylan Pharmaceuticals



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