Don't Read the Prior Art
...may sound like a strange tip for preparing patent owner preliminary responses at the Patent Trial and Appeal Board. In fact, you really should read the prior art before you get too far into a first draft, and certainly before you file the preliminary response.
But the prior art maybe shouldn't be the first thing you read. By paying close attention to the petition and to the challenged patent, a patent owner can often find a path to victory regardless of what the prior art says. And that approach can avoid messy factual disputes over the content of the prior art that, as a practical matter, tend to break in favor of instituting trial instead of denying it.
This webinar discusses techniques for drafting patent owner preliminary responses that don't necessarily require persuading the PTAB that your view of the prior art is correct. This webinar will also benefit attorneys that represent petitioners by educating them on foot faults to avoid.
Continuing Legal Education (CLE) Information
McNish PLLC has applied for 1.0 hour of general CLE credit in Maine; that application is currently. If approved, you may be able to claim CLE credit in other jurisdictions via reciprocity; consult your jurisdiction's CLE rules.
