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Changing Patent Challenges at the PTO: The Final AIA Countdown



Thursday, August 16, 2012
Product Code - LGN44
Speaker(s): J. Steven Baughman, Ropes & Gray LLP; Anita Varma, Ropes & Gray LLP
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The one-year anniversary of the America Invents Act (AIA) will bring major changes to options and procedures for challenging issued patents at the U.S. Patent and Trademark Office (USPTO), from the replacement of inter partes reexamination with inter partes review, to the addition of new post-grant challenge mechanisms.

This program, one month before the changes take effect on September 16, 2012, will highlight some of the important strategic and tactical choices that companies planning a patent challenge may be considering as this turning point approaches.

Educational Objectives:

• Learn the different procedural mechanisms for challenging others' filings.
• Find out about the new rules being implemented and their practical and substantive implications.

Who would benefit from attending the program?
Anyone considering a challenge to patent validity at the PTO in the near future; counsel advising their clients about filing a challenge.

Program Level: Intermediate

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

J. Steven Baughman, Ropes & Gray LLP; Anita Varma, Ropes & Gray LLP

J. Steven Baughman, Ropes & Gray LLP
J. Steven Baughman is an intellectual property litigation partner with Ropes & Gray LLP and practices in the firm’s Washington, D.C. office, to which he recently returned after spending three years in Japan opening the firm’s office in Tokyo. In connection with infringement disputes and litigation, Mr. Baughman conducts strategic inter partes and ex parte patent reexaminations before the U.S. Patent and Trademark Office and advises regarding the new post-grant review mechanisms that will soon become available as a result of the Leahy-Smith America Invents Act of 2011. For more than 19 years, Mr. Baughman has worked with leading international companies to resolve their I.P. and technology-focused commercial disputes in a broad array of litigation, licensing, and counseling settings. These include patent and trade secret disputes—as well as trademark, copyright, and other complex commercial matters—presented in trial and appellate courts, domestic and international arbitration tribunals, and the International Trade Commission.

Mr. Baughman earned a J.D., cum laude, from Harvard Law School and a B.S.E. in Electrical Engineering from Princeton University, where he was a member of Tau Beta Pi. He is admitted to practice in Japan, Gaikokuho Jimu Bengoshi (New York and Washington, D.C.), the District of Columbia, New York, and bringing disputes before the U.S. Patent and Trademark Office.

Anita Varma, Ropes & Gray LLP
Anita Varma is an intellectual property rights management corporate partner with Ropes & Gray LLP and practices in the firm’s Boston office. She is co-head of Ropes & Gray's Intellectual Property Rights Management Practice Group and has over 20 years of experience in intellectual property law as a lawyer and as a Patent Examiner at the United States Patent and Trademark Office (USPTO). Her experience as a Patent Examiner provides unique insights into the workings of the USPTO, and as a U.K. Solicitor, she is qualified to practice before the European Patent Office.

Ms. Varma focuses her practice on developing, analyzing, and managing patent portfolios in diverse areas of technology for life sciences companies. She leverages this broad patent experience to counsel clients on transactional matters in connection with financial investments, mergers and acquisitions, and collaborations. She combines her patent experience with an understanding of regulatory exclusivities to help clients evaluate target portfolios and conduct worldwide due diligence assessments. Ms. Varma has conducted numerous pre-litigation assessments and rendered opinions regarding patentability, validity, non-infringement, freedom-to-use, Orange Book listing and delisting matters, and advised clients regarding the follow-on biologics legislation.

Ms. Varma earned a J.D. from Georgetown University Law Center, a B.S. and an M.S. in Chemistry from Jiwaji University, and an M.S. in Biochemistry from American University. She is admitted to the Bars of Maryland, New Jersey, and Massachusetts; is a Solicitor in England and Wales; and brings disputes before the U.S. Patent and Trademark Office.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.