June 21, 2012
Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, “In re Baxter: Challenging Patent Validity in the District Courts and by Reexamination in the USPTO—Two Bites at the Apple?” presented by Joseph F. Marinelli. The webinar will take place on Thursday, June 21, 2012, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.
As discussed during Fitch Even’s February webinar, reexamination proceedings in the U.S. Patent and Trademark Office (USPTO) are increasingly used as an alternative or adjunct to litigating validity in the federal courts. On May 17, 2012, in In re Baxter International, Inc., the Federal Circuit affirmed the USPTO’s rejection during reexamination of patent claims as “obvious” under 35 U.S.C. §103(a). Significantly, this decision came after the Federal Circuit had already affirmed a California U.S. District Court’s finding that the same patent claims were not invalid. The Federal Circuit squared the seemingly inconsistent conclusions on several bases, the most significant of which is that a lower burden of proof applies in USPTO reexaminations than in the district courts.
This webinar will discuss the In re Baxter decision and related topics, including these:
- The differing burdens of proof in the USPTO and the district courts
- How these different burdens of proof can result in varying conclusions regarding patent validity
- The concepts of res judicata and estoppel as applied to reexaminations of patents, including post-grant proceedings under the America Invents Act of 2011
- The practical implications of In re Baxter on litigation
Our speaker will be Fitch Even partner Joe Marinelli, who has a diverse intellectual property law practice covering all aspects of IP creation, management, enforcement, and licensing, with a particular emphasis on complex litigation.
IP Alert | Post-Decision Certificate of Correction Held Inapplicable in IPR ProceedingFebruary 13, 2020
The PTAB recently delivered an order in Emerson Electric v. SIPCO holding that a certificate of correction under 35 U.S.C. § 255 issuing after the PTAB's Final Decision and after the patentee's initial notice of appeal to the Federal Circuit did not apply retroactively. Read more
- Fitch Even Partner Nikki Little Receives 2020 Client Choice AwardFebruary 13, 2020 Read more