Strategies to Protect Your Invention in IP Litigation and PTAB Proceedings

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.

• IP litigation
• PTAB
• Infringement
• Prior art
• ND Cal

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1. IPRs: Coordination & Estoppel Making sure the PTAB or the District Court doesn t steal your Christmas Heidi Keefe, Cooley Jared Bobrow, Orrick

2. 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.

3. 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)

4. 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)

5. 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

6. 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

7. 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