Strategies to Protect Your Invention in IP Litigation and PTAB Proceedings
undefined
IPRs: Coordination & Estoppel
Making sure the PTAB or the
District Court doesn’t steal your
Christmas
Heidi Keefe, Cooley
Jared Bobrow, Orrick
undefinedThe Claim
•
1. A beverage holder comprising:
•
a base;
•
a large vessel for holding liquid;
•
happy holiday decorations;
•
a handle; and
•
a warming mechanism that warms said
liquid in said large vessel.
The Infringer
•
1. A beverage holder comprising:
•
a base;
•
a large vessel for holding liquid;
•
happy holiday decorations;
•
a handle; and
•
a warming mechanism (microwave
not shown)
The Prior Art
•
1. A beverage holder comprising:
•
a base;
•
a large vessel for holding liquid;
•
happy holiday decorations;
•
a handle; and
•
a warming mechanism (kettle not
shown)
What would you do?
•
1. A beverage holder comprising:
•
a base;
•
a large vessel for holding liquid;
•
happy holiday decorations;
•
a handle; and
•
a warming mechanism
N.D. Cal. Co-pending Litigation Timeline
(Early IPR Filing)
|
6
PTAB
Petition
Filed
PO Prelim
Response
Institution
Decision
3 months
3 months
No more than 12 months
Final Written
Decision
Complaint
Filed
3-1
Infringement
Contentions
~ 5 months
Claim
Construction
Hearing
Trial
~ 30 to 36 months from filing
~ 5 to 7 months
Request for
Stay?
N.D. Cal. Co-pending Litigation Timeline
(Late IPR Filing)
7
PTAB
Petition
Filed
PO Prelim
Response
Institution
Decision
3 months
3 months
No more than 12 months
Final Written
Decision
Complaint
Filed
3-1
Infringement
Contentions
Claim
Construction
Hearing
Trial
Request for
Stay?
~ 5 months
~ 30 to 36 months from filing
~ 5 to 7 months
Learn about strategies to safeguard your invention from potential infringement through coordination and estoppel in PTAB or District Court proceedings. Explore scenarios involving a beverage holder invention and understand the importance of prior art analysis, potential infringer identification, and co-pending litigation timelines in ND Cal.
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Presentation Transcript
IPRs: Coordination & Estoppel Making sure the PTAB or the District Court doesn t steal your Christmas Heidi Keefe, Cooley Jared Bobrow, Orrick
The Claim 1. A beverage holder comprising: a base; a large vessel for holding liquid; happy holiday decorations; a handle; and a warming mechanism that warms said liquid in said large vessel.
The Infringer 1. A beverage holder comprising: a base; a large vessel for holding liquid; happy holiday decorations; a handle; and a warming mechanism (microwave not shown)
The Prior Art 1. A beverage holder comprising: a base; a large vessel for holding liquid; happy holiday decorations; a handle; and a warming mechanism (kettle not shown)
What would you do? 1. A beverage holder comprising: a base; a large vessel for holding liquid; happy holiday decorations; a handle; and a warming mechanism
N.D. Cal. Co-pending Litigation Timeline (Early IPR Filing) 3-1 Claim Complaint Filed Infringement Contentions Construction Hearing Trial ~ 5 to 7 months ~ 30 to 36 months from filing ~ 5 months Request for Stay? PTAB 3 months No more than 12 months 3 months Petition Filed PO Prelim Response Institution Decision Final Written Decision | 6
N.D. Cal. Co-pending Litigation Timeline (Late IPR Filing) 3-1 Claim Complaint Filed Infringement Contentions Construction Hearing Trial ~ 5 to 7 months ~ 30 to 36 months from filing ~ 5 months Request for Stay? PTAB 3 months No more than 12 months 3 months Petition Filed PO Prelim Response Institution Decision Final Written Decision 7
