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IPWatchdog LIVE 2025: Navigating Parallel PTAB & District Court Proceedings
Scott McKeown will speak on a panel titled “Navigating Parallel PTAB & District Court Proceedings” at IPWatchdog LIVE 2025. The creation of the Patent Trial and Appeal Board (PTAB) forever changed patent enforcement proceedings in the United States. While the PTAB was advertised by supporters as an alternative to expensive patent litigation, the truth has been very different. Over 80% of patent challenges filed at the PTAB relate to disputes that are ongoing in federal district court, making the PTAB an expensive hurdle to patent enforcement proceedings for most patent owners. Adding further complexity, the Federal Circuit as the reviewing appellate court for the PTAB, ITC and district court, must apply different standards with respect to adjudicating challenges to patent claims depending upon which tribunal the challenge originates.
What pitfalls await the unsuspecting petitioner or patent owner with respect to litigating patent challenges in parallel? Challenging AIA patents, stays, estoppel, issue preclusion, serial and parallel PTAB petitions, and more will be discussed by our distinguished panel of PTAB practitioners and litigators.
Bringing together the intellectual property community – from politicos, to business executives, to attorneys, and inventors, IPWatchdog LIVE gives everyone from all sides of the debate the opportunity to have a fulsome discussion of the most important issues facing the industry from their perspectives.