Parallel Proceedings Master Class

May 1, 2019 1:00pm – 4:30pm

Jeffrey R. Gargano
Morgan, Lewis & Bockius LLP (Chicago, IL)

(Registration begins at 12:30 PM)   Parallel litigation in the District Court and PTAB in a Hatch-Waxman setting has become standard practice and adds to the “no-holds barred” atmosphere of this high stakes type of litigation. The art of navigating proceedings between to these two forums has been described as akin to walking a tightrope. In navigating these dual forums, even the most seasoned of litigators has a new appreciation for the intricacies of parallel litigation. They are developing best practices and also becoming aware of certain things to avoid in these procedures. In this interactive session, we will illustrate the “ins and outs” of IPR practice and appearing in dual proceedings in both the District Court and PTAB.  
  • Understanding claim construction dichotomy in both forums and devising tactics to address both simultaneously
  • Managing experts and use of experts in both forums
  • Best practices for simultaneous trials
  • Appealing decisions in both forums
  • Addressing settlement in both forums