High Patent Trial and Appeal Board (PTAB) Scrutiny for FinTech Patents: Strategies to Increase Your Chances for Claim Survival
The high scrutiny for FinTech patents can be demonstrated through the low claim survival rates that they currently receive at the Patent Trial and Appeal Board (PTAB). Although inter partes review (IPR) provides higher claim survival for patent owners than covered business method (CBM), the rates which range from 7.94 percent (computer networks) to 25.71 percent (transportation and e-commerce), are still comparatively low. This implies that the odds will be against the patent holder should PTAB decide to institute a proceeding. Thus, it is critically important for attorneys to be well-versed in litigating before the board.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help IP and patent attorneys as well as FinTech companies understand the fundamental aspects of this significant topic. They will provide an in-depth discussion of the recent trends and updates regarding claim survival for FinTech patents before PTAB. Speakers will also offer best practices in developing and implementing strategies to increase Chances for Claim Survival.
Key topics include:
- FinTech Patent Trends
- Notable Cases
- Litigation Strategies
- Future Litigation Trends
- Best Practices
Maya Medeiros, Lawyer
Norton Rose Fulbright LLP
- Alice test
- Recent USPTO guidelines on patentable subject matter (Bascom, McRO)
- FinTech claims of recent court decisions and PTAB decisions on patentable subject matter
Britton Davis, Attorney
- Overall 101 invalidation rates at PTAB and any changes after Enfish/McRO/Amdocs
- Avoiding institution
- Cancelling financial claims
- Technological inventions
- Move away from functional claiming
- Enfish/McRO/Amdocs considerations
Who Should Attend:
- IP and Related Lawyers
- Patent Licensing Officers
- Patent Attorneys
- Patent Consultants
- Patent Owners
- Technology Firms
- Other Related/Interested Professionals or Organizations
Maya Medeiros is a lawyer, patent agent, and trade-mark agent at Norton Rose Fulbright LLP Canada (Toronto). Maya Medeiros’ practice focuses on the creation and management of intellectual property assets in Canada, the United States and around the world. She works directly with intellectual property owners to manage international intellectual property portfolios. She is proficient in a wide range of technologies, including computer hardware and software, financial, video and image processing, memory management, mobile and wireless, machine learning, natural language processing, business systems, vehicle computing system, healthcare and medical technology, wearable and microelectronic, cryptography, social and peer to peer networking, energy, building and advertising innovations. While obtaining her B.Sc. (Hons.) in Computer Science and Mathematics at the University of Toronto, Ms. Medeiros gained valuable industry experience working for a technology startup company.
Maya Medeiros is a lawyer, patent agent, and trade-mark agent at Norton Rose Fulbright LLP Canada (Toronto). Maya Medeiros’ practice …
Britton Davis is a senior associate in Cooley LLP’s Intellectual Property Litigation group. His practice focuses on patent disputes in cases involving complex technologies. Brit has experience in all phases of patent litigation on behalf of both plaintiffs and defendants. He also represents both patent owners and petitioners before the U.S. Patent Trial and Appeal Board in post grant proceedings under the AIA, including helping to secure rare complete patent owner wins in inter partes review proceedings on all claims under review.
Brit is a contributing editor to Cooley's PTAB digest, a leading resource which tracks and analyzes PTAB decisions, an editor on the 2016 PTAB Desk Guide, and has written and presented about PTAB practice and the intersection with Constitutional Due Process and the APA. Brit received his JD, with honors, from the University of Texas School of Law.
Britton Davis is a senior associate in Cooley LLP’s Intellectual Property Litigation group. His practice focuses on patent disputes in …
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Method of Presentation:
Experience in patents
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About Norton Rose Fulbright LLP
Norton Rose Fulbright is a global law firm. We provide the world’s preeminent corporations and financial institutions with a full business law service. We have 3800 lawyers and other legal staff based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.
Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.
Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact.
For more information about Norton Rose Fulbright, see nortonrosefulbright.com/legal-notices.
About Cooley LLP
Cooley LLP is a full service law firm with 900+ lawyers across 12 offices in the United States, China and Europe. Cooley’s combination of experience allows us to develop a comprehensive strategy that considers the broader implications of PTAB proceedings on concurrent district court litigation. We have handled 250+ PTAB and Patent Office proceedings across disparate industries covering tech and life sciences. As a top 5 law firm for PTAB proceedings and a top 10 law firm for patent litigation defense (Docket Navigator), Cooley is well-positioned to advise clients on the strategic use of post-grant proceedings within the context of concurrent litigation.