We are planning a mock IPR program that demonstrates to the audience how an IPR works from a practical standpoint, including the arguments before the USPTO judges.
We are structuring the presentation so that the entire program will last under three hours. The purpose is to show how this relatively new procedure functions based on the facts of an actual case. IPR in the USPTO provides an option for challenging the validity of a patent that is similar to, yet very different from, opposition proceedings in Japan and Europe. IPR has also become an important strategy for reducing the cost of litigation and for delaying unfavorable litigation. The Mock IPR will show the strategies and actions of both the patent challenger and patent holder during the IPR and how the USPTO makes a decision.
Prior to the program, each of the registered attendees will be provided with homework materials in advance to describe a simple case. The homework packet will include (1) the patent at issue, (2) the IPR petition, (3) the prior art relied upon, (4) the order instituting IPR, (5) the patent owner response, (6) the reply brief, and (7) a one page sheet explaining the relevant vocabulary.
The program itinerary will include:
- Introduction including a basic IPR primer
- A general discussion on IPR strategy and the tale of the case
- Possibly a mock deposition of an expert
- A mock call with the Board to discuss introduction of evidence
- A 30-minute mock hearing
- Board decision
- Summary discussion
Following the program copies of the actual Board opinion will be provided to the attendees.
Our objective with this program is to provide our colleagues in Europe with a hands-on, interactive experience. In addition to demonstrating how an IPR works and can be used as a tool, we want to show the relationship between IPR and opposition.