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ITC Practice Panel Discussion. Trying Your Case in the PTO: The New AIA Hearings and Proceedings Before the Patent Trial and Appeal Board. Atlanta IP American Inn of Court Pupilage Group 7 May 15, 2013. International Super Spy Peter Gunnar. Peter Gunnar.
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ITC Practice Panel Discussion Trying Your Case in the PTO: The New AIA Hearings and Proceedings Before the Patent Trial and Appeal Board Atlanta IP American Inn of Court Pupilage Group 7 May 15, 2013
International Super Spy Peter Gunnar Peter Gunnar
Gunnar’s Invention – Improved Safety for Critical Applications Protecting Dignitaries And Government Officials Worldwide U.S. Secret Service duty vehicle with Easy Ejector Seat from Espion
Commercial Success of the Easy Ejector Seat: Global Unit Sales 2009 2011 2008 2010 2012
Wannabe Super Spy Brazen Golddigger Brazen Golddigger
Golddigger Stole Gunnar’s Girlfriend Gunnar’s Ex-Girlfriend
Golddigger’s New Favorite Client Kim Jong Un
Infringement Analysis: Claim 1 of ’007 Patent Claim 1 SpyTech’s Rejector 2005 1. An ejector seat for use in a passenger vehicle, the seat comprising: a removable portion of a vehicle floorboard; a removable portion of the vehicle side panel; at least one passenger seat mounted to the removable portion of the floorboard; a passenger restraint system; and at least one parachute.
SpyTech’s Petition for Inter Partes Review Hulk Rollercoaster ’917 Patent
SpyTech’s Petition for Inter Partes Review Hulk Rollercoaster ’917 Patent
SpyTech Contends the ’007 Patent Is Obvious Hulk ’917 ‘007 Claim 1 1. An ejector seat for use in a passenger vehicle, the seat comprising: a removable portion of a vehicle floorboard; a removable portion of the vehicle side panel; at least one passenger seat mounted to the removable portion of the floorboard; a passenger restraint system; and at least one parachute.
Inter Partes Review Timeline • December 22, 2012 – Spytech petitions for inter partes review of the ’007 patent • December 29, 2012 – PTO issues a Notice of Filing Date Accorded Petition and Notice for Setting the Time Period for Filing Patent Owner Preliminary Response • March 17, 2013 – Espion elects not to file a preliminary response • April 15, 2013 – PTO issues Decision to Initiate Trial for Inter Partes Review • May 15, 2013 – Teleconference
ITC Practice Panel Discussion Scheduling Issue - Extension of Time
ITC Practice Panel Discussion Scheduling Issue - Early Claim Construction
ITC Practice Panel Discussion Protective Order Issue - Prosecution Bar
ITC Practice Panel Discussion Discovery Dispute - Deposition of Dr. E. Ville
ITC Practice Panel Discussion Discovery Dispute - Espion’s Request for Additional Discovery to Depose B. Esser
Factors in Assessing Additional Discovery • More than a mere possibility and mere allegation • Litigation positions and underlying basis • Ability to generate equivalent information by other means • Easily understandable instructions • Requests not overly burdensome to answer
ITC Practice Panel Discussion Deposition Disputes
ITC Practice Panel Discussion Thank You!