https://simplecast.com Patents: Post-Grant Podcast In this podcast series, Troutman Pepper Locke IP attorneys dive into post-grant proceedings to provide patent owners, patent challengers, and intellectual property practitioners with insights on strategies, trends, and USPTO developments. © 2022-2026 Troutman Pepper Locke LLP. All Rights Reserved. en-us Mon, 30 Mar 2026 04:00:00 +0000 Mon, 30 Mar 2026 13:45:22 +0000 https://patents-post-grant-podcast.simplecast.com Patents: Post-Grant Podcast https://image.simplecastcdn.com/images/a09d927c-18c2-41a0-a6ac-68c14f270a18/0e224837-3e84-4858-96d9-d2b8f76b6189/3000x3000/tpl-podcasts-patentspostgrant-cover.jpg?aid=rss_feed https://patents-post-grant-podcast.simplecast.com episodic In this podcast series, Troutman Pepper Locke IP attorneys dive into post-grant proceedings to provide patent owners, patent challengers, and intellectual property practitioners with insights on strategies, trends, and USPTO developments. Maia Harris, Troutman Pepper Locke false https://feeds.simplecast.com/_iS2iG7Z IP, legal, law, patents, USPTO, IPR, PTAB, PGR, america invents act, intellectual property, inter partes review, post grant review, post-grant, troutman pepper Troutman Pepper Locke nicole.sparkswatts@troutman.com dcbd6c26-60d0-4769-b032-6cdb001b34cd Subject Matter Eligibility Challenges in Post-Grant Proceedings In this episode of the Post-Grant Podcast, Andy Zappia and Nick Gallo explore how the evolving law on subject matter eligibility under Section 101 intersects with post-grant practice, particularly post-grant review (PGR) proceedings. They explain when and why PGR is available, how its broad estoppel and nine‑month filing window shape strategy, and when it may (or may not) make sense to pursue subject matter eligibility challenges at the Patent Office.

Recent subject matter eligibility memos from the USPTO:


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]]> Mon, 30 Mar 2026 04:00:00 +0000 nicole.sparkswatts@troutman.com (Andy Zappia, Nick Gallo) https://patents-post-grant-podcast.simplecast.com/episodes/subject-matter-eligibility-challenges-in-post-grant-proceedings-p6GPT3bd In this episode of the Post-Grant Podcast, Andy Zappia and Nick Gallo explore how the evolving law on subject matter eligibility under Section 101 intersects with post-grant practice, particularly post-grant review (PGR) proceedings. They explain when and why PGR is available, how its broad estoppel and nine‑month filing window shape strategy, and when it may (or may not) make sense to pursue subject matter eligibility challenges at the Patent Office.

Recent subject matter eligibility memos from the USPTO:


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]]> Subject Matter Eligibility Challenges in Post-Grant Proceedings Andy Zappia, Nick Gallo 00:18:07 Andy Zappia and Nick Gallo explore how the evolving law on subject matter eligibility under Section 101 intersects with post-grant practice, particularly post-grant review (PGR) proceedings. Andy Zappia and Nick Gallo explore how the evolving law on subject matter eligibility under Section 101 intersects with post-grant practice, particularly post-grant review (PGR) proceedings. post-grant, patent litigation, patent, post-grant review, uspto false full 1 5 645a2c9a-dfa8-4a8f-b297-a11f2b08f703 USPTO Proposes New Rules to Limit Multiple Validity Challenges In this episode of the Post-Grant Podcast, Andy Zappia and Bryan Smith break down the USPTO's proposed rule for IPR and PGR proceedings designed to limit multiple validity challenges to patents. They discuss how the proposed rule would limit access to those proceedings, including a mandatory stipulation requirement, an automatic denial of institution if another tribunal has rendered a determination on validity, timing-based denials when parallel cases are likely to finish first, and a proposed narrow "extraordinary circumstances" exception. They also discuss practical implications for forum selection and strategy ahead of the November 17 comment deadline for the proposed rule.


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]]> Thu, 13 Nov 2025 05:00:00 +0000 nicole.sparkswatts@troutman.com (Bryan Smith, Andy Zappia) https://patents-post-grant-podcast.simplecast.com/episodes/uspto-proposes-new-rules-to-limit-multiple-validity-challenges-u2UuM7Rc In this episode of the Post-Grant Podcast, Andy Zappia and Bryan Smith break down the USPTO's proposed rule for IPR and PGR proceedings designed to limit multiple validity challenges to patents. They discuss how the proposed rule would limit access to those proceedings, including a mandatory stipulation requirement, an automatic denial of institution if another tribunal has rendered a determination on validity, timing-based denials when parallel cases are likely to finish first, and a proposed narrow "extraordinary circumstances" exception. They also discuss practical implications for forum selection and strategy ahead of the November 17 comment deadline for the proposed rule.


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]]> USPTO Proposes New Rules to Limit Multiple Validity Challenges Bryan Smith, Andy Zappia 00:26:12 Andy Zappia and Bryan Smith break down the USPTO's proposed rule for IPR and PGR proceedings designed to limit multiple validity challenges to patents. Andy Zappia and Bryan Smith break down the USPTO's proposed rule for IPR and PGR proceedings designed to limit multiple validity challenges to patents. patent, post-grant review, uspto, inter partes review, intellectual property false full 4 4 f0fbdda3-103f-4934-94b9-a96c8a388c50 It Only Took 13 Years: The Federal Circuit's First Derivation Proceeding Decision In this episode of our Post-Grant Podcast series, Andy Zappia and Ted Merkel delve into the complexities of the least-used proceeding created by the America Invents Act (AIA): namely derivation proceedings. The discussion highlights the first Federal Circuit decision reviewing a derivation proceeding and examines the challenges petitioners face in these cases, particularly the number of elements that petitioners must prove. The hosts also explore the alternative legal strategies, including correction of inventorship claims in district court, which may offer more strategic advantages.


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]]> Tue, 14 Oct 2025 13:00:00 +0000 nicole.sparkswatts@troutman.com (Ted Merkel, Andy Zappia) https://patents-post-grant-podcast.simplecast.com/episodes/it-only-took-13-years-the-federal-circuits-first-derivation-proceeding-decision-DXbUzc4D In this episode of our Post-Grant Podcast series, Andy Zappia and Ted Merkel delve into the complexities of the least-used proceeding created by the America Invents Act (AIA): namely derivation proceedings. The discussion highlights the first Federal Circuit decision reviewing a derivation proceeding and examines the challenges petitioners face in these cases, particularly the number of elements that petitioners must prove. The hosts also explore the alternative legal strategies, including correction of inventorship claims in district court, which may offer more strategic advantages.


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]]> It Only Took 13 Years: The Federal Circuit's First Derivation Proceeding Decision Ted Merkel, Andy Zappia 00:23:44 Andy Zappia and Ted Merkel delve into the complexities of the least-used proceeding created by the America Invents Act (AIA): namely derivation proceedings. Andy Zappia and Ted Merkel delve into the complexities of the least-used proceeding created by the America Invents Act (AIA): namely derivation proceedings. patent litigation, america invents act, post-grant review, patent trial and appeal board, derivation proceeding false full 3 4 84420831-750b-4256-9529-7afd5a05f65e Understanding the Impact of IPR Estoppel and PTAB Discretionary Denials In this episode of the Post-Grant Podcast, Andy Zappia, Nick Gallo, and Bryan Smith explore the evolving landscape of estoppel in inter partes review (IPR) and post-grant review (PGR) proceedings at the Patent Trial and Appeal Board (PTAB). The discussion centers around the recent Federal Circuit decision in the Ingenico case, which narrows the scope of IPR estoppel, and its potential tension with the PTAB's current approach to discretionary denial. The team delves into the implications of this decision for patent challengers, particularly in light of new PTAB guidance and recent cases that highlight the complexities of navigating estoppel and discretionary denial.


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]]> Tue, 1 Jul 2025 04:00:00 +0000 nicole.sparkswatts@troutman.com (Bryan Smith, Andrew Zappia, Nicholas Gallo) https://patents-post-grant-podcast.simplecast.com/episodes/understanding-the-impact-of-ipr-estoppel-and-ptab-discretionary-denials-22k_qrZm In this episode of the Post-Grant Podcast, Andy Zappia, Nick Gallo, and Bryan Smith explore the evolving landscape of estoppel in inter partes review (IPR) and post-grant review (PGR) proceedings at the Patent Trial and Appeal Board (PTAB). The discussion centers around the recent Federal Circuit decision in the Ingenico case, which narrows the scope of IPR estoppel, and its potential tension with the PTAB's current approach to discretionary denial. The team delves into the implications of this decision for patent challengers, particularly in light of new PTAB guidance and recent cases that highlight the complexities of navigating estoppel and discretionary denial.


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]]> Understanding the Impact of IPR Estoppel and PTAB Discretionary Denials Bryan Smith, Andrew Zappia, Nicholas Gallo 00:20:28 Andy Zappia, Nick Gallo, and Bryan Smith explore the evolving landscape of estoppel in inter partes review (IPR) and post-grant review (PGR) proceedings at the Patent Trial and Appeal Board (PTAB). Andy Zappia, Nick Gallo, and Bryan Smith explore the evolving landscape of estoppel in inter partes review (IPR) and post-grant review (PGR) proceedings at the Patent Trial and Appeal Board (PTAB). ipr, post-grant proceedings, us patent office, estoppel, post-grant review, intellectual property rights, uspto, pgr, inter partes, ptab, u.s. patent office, inter partes review, patent trial and appeal board, ingenico, intellectual property false full 2 4 2701d4fe-3965-4e2b-8f44-08bc7b2853fd Navigating PTAB's New Approach to IPR and PGR Discretionary Denial In this episode of the Post-Grant Podcast, Troutman Pepper Locke Partner Andy Zappia is joined by Counsels Nick Gallo and Bryan Smith to explore recent shifts in discretionary denial practice at the Patent Trial and Appeal Board (PTAB). They discuss the implications of these changes for patent owners and petitioners, highlighting strategies for navigating the increased unpredictability in discretionary denial practice. The episode also discusses the PTAB's increasing focus on workload challenges and how that is impacting post-grant procedures.


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]]> Tue, 6 May 2025 13:00:00 +0000 nicole.sparkswatts@troutman.com (Andrew Zappia, Nicholas Gallo, Bryan Smith) https://patents-post-grant-podcast.simplecast.com/episodes/navigating-ptabs-new-approach-to-ipr-and-pgr-discretionary-denial-ab6P8fvI In this episode of the Post-Grant Podcast, Troutman Pepper Locke Partner Andy Zappia is joined by Counsels Nick Gallo and Bryan Smith to explore recent shifts in discretionary denial practice at the Patent Trial and Appeal Board (PTAB). They discuss the implications of these changes for patent owners and petitioners, highlighting strategies for navigating the increased unpredictability in discretionary denial practice. The episode also discusses the PTAB's increasing focus on workload challenges and how that is impacting post-grant procedures.


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]]> Navigating PTAB's New Approach to IPR and PGR Discretionary Denial Andrew Zappia, Nicholas Gallo, Bryan Smith 00:23:47 Andy Zappia, Nick Gallo, and Bryan Smith explore recent shifts in discretionary denial practice at the Patent Trial and Appeal Board. Andy Zappia, Nick Gallo, and Bryan Smith explore recent shifts in discretionary denial practice at the Patent Trial and Appeal Board. ipr, post-grant proceedings, us patent office, post-grant review, intellectual property rights, uspto, pgr, inter partes, ptab, u.s. patent office, patent trial and appeal board, intellectual property false full 1 4 a8a09852-a9d7-4797-b36f-1d7f61fcf32d Director Review Under the USPTO's Final Rule Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.

In this episode, Troutman Pepper attorneys Andy Zappia, Kim Coghill, and Bryan Smith discuss the new final rule issued for director review in post-grant proceedings before the Patent Trial and Appeal Board (PTAB).


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]]> Wed, 23 Oct 2024 04:00:00 +0000 nicole.sparkswatts@troutman.com (Andy Zappia, Kim Coghill, Bryan Smith) https://patents-post-grant-podcast.simplecast.com/episodes/director-review-rule-FFzcw84s Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.

In this episode, Troutman Pepper attorneys Andy Zappia, Kim Coghill, and Bryan Smith discuss the new final rule issued for director review in post-grant proceedings before the Patent Trial and Appeal Board (PTAB).


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]]> Director Review Under the USPTO's Final Rule Andy Zappia, Kim Coghill, Bryan Smith 00:16:20 Andy Zappia, Kim Coghill, and Bryan Smith discuss the new final rule issued for director review in post-grant proceedings before the Patent Trial and Appeal Board (PTAB). Andy Zappia, Kim Coghill, and Bryan Smith discuss the new final rule issued for director review in post-grant proceedings before the Patent Trial and Appeal Board (PTAB). ipr, post-grant proceedings, us patent office, post-grant review, intellectual property rights, uspto, pgr, inter partes, ptab, u.s. patent office, patent trial and appeal board, intellectual property false full 3 3 a44ae404-8691-4093-9804-bdc7343cc326 New Developments in Obviousness-Type Double Patenting and Original Patent Requirements Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.

In this episode, Troutman Pepper Partners Andy Zappia, Meg O'Gara, and Duke Fitch discuss recent developments in obviousness-type double patenting and original patent requirements, and how they might impact strategies in post-grant proceedings.


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]]> Mon, 12 Aug 2024 13:00:00 +0000 nicole.sparkswatts@troutman.com (Duke Fitch, Megan O'Gara, Andrew Zappia) https://patents-post-grant-podcast.simplecast.com/episodes/new-developments-in-obvious-type-double-patenting-and-original-patent-requirements-HeUZpKo0 Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.

In this episode, Troutman Pepper Partners Andy Zappia, Meg O'Gara, and Duke Fitch discuss recent developments in obviousness-type double patenting and original patent requirements, and how they might impact strategies in post-grant proceedings.


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]]> New Developments in Obviousness-Type Double Patenting and Original Patent Requirements Duke Fitch, Megan O'Gara, Andrew Zappia 00:22:35 Andy Zappia, Meg O'Gara, and Duke Fitch discuss recent developments in obviousness-type double patenting and original patent requirements, and how they might impact strategies in post-grant proceedings. Andy Zappia, Meg O'Gara, and Duke Fitch discuss recent developments in obviousness-type double patenting and original patent requirements, and how they might impact strategies in post-grant proceedings. ipr, double patenting, post-grant proceedings, us patent office, post-grant review, obviousness-type double patenting, intellectual property rights, obvious-type double patenting, uspto, pgr, inter partes, u.s. patent office, intellectual property false full 2 3 54d84892-b39b-4693-afa9-e34b9e7ba769 Behaving Badly: OpenSky v. VLSI and Sanctions at the PTAB Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.

In this episode, Troutman Pepper Partner Andy Zappia and Counsel Bryan Smith analyze the sanctions order made public on February 6 in the OpenSky v. VLSI IPR proceeding. They explore how sanctions work at the PTAB, the types of conduct that could expose a party to sanctions, and best practices to avoid them.


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]]> Thu, 15 Feb 2024 05:00:00 +0000 nicole.sparkswatts@troutman.com (Andy Zappia, Bryan Smith) https://patents-post-grant-podcast.simplecast.com/episodes/behaving-badly-opensky-vs-vlsi-and-sanctions-at-the-ptab-MwZw2qx4 Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.

In this episode, Troutman Pepper Partner Andy Zappia and Counsel Bryan Smith analyze the sanctions order made public on February 6 in the OpenSky v. VLSI IPR proceeding. They explore how sanctions work at the PTAB, the types of conduct that could expose a party to sanctions, and best practices to avoid them.


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]]> Behaving Badly: OpenSky v. VLSI and Sanctions at the PTAB Andy Zappia, Bryan Smith 00:22:24 In this episode, Troutman Pepper Partner Andy Zappia and Counsel Bryan Smith analyze the sanctions order made public on February 6 in the OpenSky v. VLSI IPR proceeding. In this episode, Troutman Pepper Partner Andy Zappia and Counsel Bryan Smith analyze the sanctions order made public on February 6 in the OpenSky v. VLSI IPR proceeding. ipr, post-grant proceedings, opensky v. vlsi, opensky, us patent office, post-grant review, intellectual property rights, uspto, pgr, inter partes, u.s. patent office, intellectual property false full 1 3 9ea8b04e-dcfc-4d2c-83d4-f26fd249b580 USPTO Director Review Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings at the U.S. Patent Office (USPTO).

In this episode, Nick Gallo moderates a discussion with firm colleagues Andy Zappia and Bryan Smith on the increasingly active role of the USPTO director in inter partes and post-grant review proceedings, including through the director review procedure.


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]]> Wed, 25 Oct 2023 13:05:00 +0000 nicole.sparkswatts@troutman.com (Andrew Zappia, Nicholas Gallo, Bryan Smith) https://patents-post-grant-podcast.simplecast.com/episodes/upsto-director-review-j1EZOdyo Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings at the U.S. Patent Office (USPTO).

In this episode, Nick Gallo moderates a discussion with firm colleagues Andy Zappia and Bryan Smith on the increasingly active role of the USPTO director in inter partes and post-grant review proceedings, including through the director review procedure.


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]]> USPTO Director Review Andrew Zappia, Nicholas Gallo, Bryan Smith 00:18:58 In this episode, Nick Gallo moderates a discussion with firm colleagues Andy Zappia and Bryan Smith on the increasingly active role of the USPTO director in inter partes and post-grant review proceedings, including through the director review procedure. In this episode, Nick Gallo moderates a discussion with firm colleagues Andy Zappia and Bryan Smith on the increasingly active role of the USPTO director in inter partes and post-grant review proceedings, including through the director review procedure. ipr, post-grant proceedings, us patent office, post-grant review, intellectual property rights, uspto, pgr, inter partes, u.s. patent office, intellectual property false full 6 2 850a6ae3-9b96-4b4f-aed5-e859418966d9 Disputing Patent-Eligible Subject Matter in PGRs and IPRs Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.

In this episode, Troutman Pepper Partner Andrew Zappia moderates a discussion with fellow firm Partner Gunnar Leinberg and Associate Christina Shifton on patent-eligible subject matter disputes under 35 USC Section 101 in IPR and PGR proceedings.


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]]> Tue, 11 Jul 2023 04:00:00 +0000 nicole.sparkswatts@troutman.com (Andrew Zappia, Gunnar Leinberg, Christina Shifton) https://patents-post-grant-podcast.simplecast.com/episodes/disputing-patent-eligible-subject-matter-in-pgrs-and-iprs-9E7lvm1O Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.

In this episode, Troutman Pepper Partner Andrew Zappia moderates a discussion with fellow firm Partner Gunnar Leinberg and Associate Christina Shifton on patent-eligible subject matter disputes under 35 USC Section 101 in IPR and PGR proceedings.


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]]> Disputing Patent-Eligible Subject Matter in PGRs and IPRs Andrew Zappia, Gunnar Leinberg, Christina Shifton 00:25:54 In this episode, Troutman Pepper Partner Andrew Zappia and attorneys Gunnar Leinberg and Christina Shifton discuss patent-eligible subject matter disputes under 35 USC Section 101 in IPR and PGR proceedings. In this episode, Troutman Pepper Partner Andrew Zappia and attorneys Gunnar Leinberg and Christina Shifton discuss patent-eligible subject matter disputes under 35 USC Section 101 in IPR and PGR proceedings. ipr, post-grant proceedings, 35 usc section 101, post-grant review, intellectual property rights, pgr, intellectual property false full 5 2 599ed36f-2061-4773-bb07-f9793acc5664 Reexamination in IPR and PGR Practice Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.

In the final installment of this three-episode series, Troutman Pepper attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O'Gara on the mechanics and strategic considerations for using reexamination as a means to amend claims in IPR and PGR proceedings.


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]]> Mon, 5 Jun 2023 19:23:05 +0000 nicole.sparkswatts@troutman.com (Andy Zappia, Michael Goldman, Megan Thisse O'Gara) https://patents-post-grant-podcast.simplecast.com/episodes/reexamination-in-ipr-and-pgr-practice-y6kW4Mow Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.

In the final installment of this three-episode series, Troutman Pepper attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O'Gara on the mechanics and strategic considerations for using reexamination as a means to amend claims in IPR and PGR proceedings.


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]]> Reexamination in IPR and PGR Practice Andy Zappia, Michael Goldman, Megan Thisse O'Gara 00:26:52 In the final installment of this three-episode series, Andy Zappia, Michael Goldman and Megan Thisse O'Gara discuss the mechanics and strategic considerations for using reexamination as a means to amend claims in IPR and PGR proceedings. In the final installment of this three-episode series, Andy Zappia, Michael Goldman and Megan Thisse O'Gara discuss the mechanics and strategic considerations for using reexamination as a means to amend claims in IPR and PGR proceedings. ipr, post-grant proceedings, pgr, intellectual property false full 4 2 61092dde-a5b5-44de-8c3b-28119d95e439 Reissue in IPR and PGR Practice Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for our podcast series, which focuses on strategies, trends, and other happenings in post-grant proceedings.

In this second installment of a three-episode series, Troutman Pepper Attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O’Gara, on the mechanics and best strategies for using reissue to amend claims in the context of IPR and PGR proceedings.

Be on the lookout next month for our third episode in this three-part series, which will focus specifically on reexamination strategy in the context of IPR and PGR proceedings.


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]]> Tue, 4 Apr 2023 13:24:23 +0000 nicole.sparkswatts@troutman.com (andrew zappia, megan thisse o'gara, michael l. goldman) https://patents-post-grant-podcast.simplecast.com/episodes/reissue-in-ipr-and-pgr-practice-rZ_T3NaH Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for our podcast series, which focuses on strategies, trends, and other happenings in post-grant proceedings.

In this second installment of a three-episode series, Troutman Pepper Attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O’Gara, on the mechanics and best strategies for using reissue to amend claims in the context of IPR and PGR proceedings.

Be on the lookout next month for our third episode in this three-part series, which will focus specifically on reexamination strategy in the context of IPR and PGR proceedings.


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]]> Reissue in IPR and PGR Practice andrew zappia, megan thisse o'gara, michael l. goldman 00:25:01 In this second installment of a three-episode series, Troutman Pepper Attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O’Gara, on the mechanics and best strategies for using reissue to amend claims in the context of IPR and PGR proceedings. In this second installment of a three-episode series, Troutman Pepper Attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O’Gara, on the mechanics and best strategies for using reissue to amend claims in the context of IPR and PGR proceedings. post-grant patent review, ipr, reissue, health sciences, pgr, intellectual property false full 3 2 3ff5da5b-ae02-402c-a88f-8c0d1d07b506 Reissue vs. Reexamination in IPR and PGR Practice Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.

In this first of a three-episode series, Troutman Pepper attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O'Gara on the pros and cons of reissue versus reexamination as a means to amend claims in the context of IPR and PGR proceedings.

Be on the lookout next month for our second episode in this three-part series, which will focus specifically on reissue strategy in the context of IPR and PGR proceedings.


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]]> Wed, 1 Mar 2023 05:00:00 +0000 nicole.sparkswatts@troutman.com (Andrew Zappia, Michael Goldman, Megan Thisse O'Gara) https://patents-post-grant-podcast.simplecast.com/episodes/reissue-vs-reexamination-in-ipr-and-pgr-practice-AQ4tV6Mv Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings.

In this first of a three-episode series, Troutman Pepper attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O'Gara on the pros and cons of reissue versus reexamination as a means to amend claims in the context of IPR and PGR proceedings.

Be on the lookout next month for our second episode in this three-part series, which will focus specifically on reissue strategy in the context of IPR and PGR proceedings.


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]]> Reissue vs. Reexamination in IPR and PGR Practice Andrew Zappia, Michael Goldman, Megan Thisse O'Gara 00:24:07 In this first of a three-episode series, Troutman Pepper's Andy Zappia, Michael Goldman, and Megan Thisse O'Gara discuss the pros and cons of reissue versus reexamination as a means to amend claims in the context of IPR and PGR proceedings. In this first of a three-episode series, Troutman Pepper's Andy Zappia, Michael Goldman, and Megan Thisse O'Gara discuss the pros and cons of reissue versus reexamination as a means to amend claims in the context of IPR and PGR proceedings. post-grant proceedings, post grant review, intellectual property rights false full 2 2 16baf192-807c-4ae2-a8f0-102d461cc804 Discretionary Denials at the PTAB: What to Expect? Please join Troutman Pepper’s Intellectual Property and Health Sciences Practice Group for the second season and first installment of our podcast series focused on strategy, trends, and other happenings at the PTAB.

In this episode, Troutman Pepper Partner Maia Harris moderates a lively discussion with fellow firm Partner Andrew Zappia and Associate Christina Shifton on discretionary denials under 35 USC Section 314, and what clients can expect under the new guidance. 

Be on the lookout for the next episode in our podcast series.


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]]> Thu, 11 Aug 2022 16:18:59 +0000 nicole.sparkswatts@troutman.com (Maia Harris, Andrew Zappia, Christina Shifton) https://patents-post-grant-podcast.simplecast.com/episodes/discretionary-denials-at-the-ptab-what-to-expect-PNyUI_OH Please join Troutman Pepper’s Intellectual Property and Health Sciences Practice Group for the second season and first installment of our podcast series focused on strategy, trends, and other happenings at the PTAB.

In this episode, Troutman Pepper Partner Maia Harris moderates a lively discussion with fellow firm Partner Andrew Zappia and Associate Christina Shifton on discretionary denials under 35 USC Section 314, and what clients can expect under the new guidance. 

Be on the lookout for the next episode in our podcast series.


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]]> Discretionary Denials at the PTAB: What to Expect? Maia Harris, Andrew Zappia, Christina Shifton 00:21:02 In this episode, Maia Harris moderates a discussion with Andrew Zappia and Christina Shifton on discretionary denials under 35 USC Section 314, and what clients can expect under the new guidance. In this episode, Maia Harris moderates a discussion with Andrew Zappia and Christina Shifton on discretionary denials under 35 USC Section 314, and what clients can expect under the new guidance. 35 usc section 314, discretionary denials false full 1 2 https://pepper.hipcast.com/deluge/pepper-20220331140413-9543.mp3 Secondary Considerations of Non-Obviousness Please join Troutman Pepper's Intellectual Property and Health Sciences Practice Group for the sixth installment of the podcast series focused on strategy, trends, and other happenings at the PTAB.

In this episode, Maia Harris, a partner in the firm, moderates a lively discussion with fellow firm partners Frank Liu and Dustin Weeks. Our speakers discuss evidence of secondary considerations of non-obviousness and the burden of proving a nexus to the patented claims.

Be on the lookout for the next episode in our podcast series.


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]]> Tue, 14 Dec 2021 15:03:56 +0000 nicole.sparkswatts@troutman.com (Troutman Pepper Locke) https://patents-post-grant-podcast.simplecast.com/episodes/secondary-considerations-of-non-obviousness-QgYrS8oo Please join Troutman Pepper's Intellectual Property and Health Sciences Practice Group for the sixth installment of the podcast series focused on strategy, trends, and other happenings at the PTAB.

In this episode, Maia Harris, a partner in the firm, moderates a lively discussion with fellow firm partners Frank Liu and Dustin Weeks. Our speakers discuss evidence of secondary considerations of non-obviousness and the burden of proving a nexus to the patented claims.

Be on the lookout for the next episode in our podcast series.


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]]> Secondary Considerations of Non-Obviousness Troutman Pepper Locke 00:18:01 Please join Troutman Pepper's Intellectual Property and Health Sciences Practice Group for the sixth installment of the podcast series focused on strategy, trends, and other happenings at the PTAB. In this episode, Maia Harris, a partner in the firm, moderates a lively discussion with fellow firm partners Frank Liu and Dustin Weeks. Our speakers discuss evidence of secondary considerations of non-obviousness and the burden of proving a nexus to the patented claims. Be on the lookout for the next episode in our podcast series. Please join Troutman Pepper's Intellectual Property and Health Sciences Practice Group for the sixth installment of the podcast series focused on strategy, trends, and other happenings at the PTAB. In this episode, Maia Harris, a partner in the firm, moderates a lively discussion with fellow firm partners Frank Liu and Dustin Weeks. Our speakers discuss evidence of secondary considerations of non-obviousness and the burden of proving a nexus to the patented claims. Be on the lookout for the next episode in our podcast series. false full 5 1 https://pepper.hipcast.com/deluge/pepper-20220331153615-5719.mp3 Motions to Amend: PTO Pilot Program Extended Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fifth installment of their podcast series on strategy, trends, and other happenings at the PTAB.

Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partners Michael Goldman, Edwin (Ted) Merkel, and Andrew Zappia, who focus on the PTO’s recent announcement to extend its Motion to Amend (MTA) Pilot Program. Our speakers discuss MTAs generally, pilot program details, as well as strategies and further considerations on seeking amendments during IPR as opposed to other available post-grant options.

Be on the lookout for our next episode of this podcast series, where we will discuss arguments on secondary considerations during IPRs.


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]]> Wed, 6 Oct 2021 13:25:05 +0000 nicole.sparkswatts@troutman.com (Troutman Pepper Locke) https://patents-post-grant-podcast.simplecast.com/episodes/motions-to-amend-pto-pilot-program-extended-m3XXkMqR Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fifth installment of their podcast series on strategy, trends, and other happenings at the PTAB.

Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partners Michael Goldman, Edwin (Ted) Merkel, and Andrew Zappia, who focus on the PTO’s recent announcement to extend its Motion to Amend (MTA) Pilot Program. Our speakers discuss MTAs generally, pilot program details, as well as strategies and further considerations on seeking amendments during IPR as opposed to other available post-grant options.

Be on the lookout for our next episode of this podcast series, where we will discuss arguments on secondary considerations during IPRs.


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]]> Motions to Amend: PTO Pilot Program Extended Troutman Pepper Locke 00:21:53 Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fifth installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partners Michael Goldman, Edwin (Ted) Merkel, and Andrew Zappia, who focus on the PTO’s recent announcement to extend its Motion to Amend (MTA) Pilot Program. Our speakers discuss MTAs generally, pilot program details, as well as strategies and further considerations on seeking amendments during IPR as opposed to other available post-grant options. Be on the lookout for our next episode of this podcast series, where we will discuss arguments on secondary considerations during IPRs. Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fifth installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partners Michael Goldman, Edwin (Ted) Merkel, and Andrew Zappia, who focus on the PTO’s recent announcement to extend its Motion to Amend (MTA) Pilot Program. Our speakers discuss MTAs generally, pilot program details, as well as strategies and further considerations on seeking amendments during IPR as opposed to other available post-grant options. Be on the lookout for our next episode of this podcast series, where we will discuss arguments on secondary considerations during IPRs. false full 4 1 https://pepper.hipcast.com/deluge/pepper-20210826093913-9372.mp3 Never Surrender? Recapturing Subject Matter in Reissue Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fourth installment of their podcast series on strategy, trends, and other happenings at the PTAB.

Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partner Dustin Weeks and Associate Megan O’Gara, who discuss doctrine and practical issues surrounding the the prohibition against recapturing subject matter surrendered in prior prosecution during reissue proceedings.

Be on the lookout for our next episode of this podcast series, where we will discuss sovereign immunity at the PTAB.


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]]> Thu, 26 Aug 2021 14:41:24 +0000 nicole.sparkswatts@troutman.com (Troutman Pepper Locke) https://patents-post-grant-podcast.simplecast.com/episodes/never-surrender-recapturing-subject-matter-in-reissue-gSTAV4aF Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fourth installment of their podcast series on strategy, trends, and other happenings at the PTAB.

Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partner Dustin Weeks and Associate Megan O’Gara, who discuss doctrine and practical issues surrounding the the prohibition against recapturing subject matter surrendered in prior prosecution during reissue proceedings.

Be on the lookout for our next episode of this podcast series, where we will discuss sovereign immunity at the PTAB.


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]]> Never Surrender? Recapturing Subject Matter in Reissue Troutman Pepper Locke 00:21:05 Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fourth installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partner Dustin Weeks and Associate Megan O’Gara, who discuss doctrine and practical issues surrounding the the prohibition against recapturing subject matter surrendered in prior prosecution during reissue proceedings. Be on the lookout for our next episode of this podcast series, where we will discuss sovereign immunity at the PTAB. Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fourth installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partner Dustin Weeks and Associate Megan O’Gara, who discuss doctrine and practical issues surrounding the the prohibition against recapturing subject matter surrendered in prior prosecution during reissue proceedings. Be on the lookout for our next episode of this podcast series, where we will discuss sovereign immunity at the PTAB. false full 3 1 https://pepper.hipcast.com/deluge/pepper-20210802092934-9787.mp3 Drilling down: Real Parties in Interest and Time Bars This episode of our Post-Grant podcast series discusses real parties in interest and how time bars come into play.


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]]> Mon, 2 Aug 2021 15:00:00 +0000 nicole.sparkswatts@troutman.com (Troutman Pepper Locke) https://patents-post-grant-podcast.simplecast.com/episodes/drilling-down-real-parties-in-interest-and-time-bars-nKKDb6Er This episode of our Post-Grant podcast series discusses real parties in interest and how time bars come into play.


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]]> Drilling down: Real Parties in Interest and Time Bars Troutman Pepper Locke 00:32:59 This episode of our Post-Grant podcast series discusses real parties in interest and how time bars come into play. This episode of our Post-Grant podcast series discusses real parties in interest and how time bars come into play. false full 2 1 https://pepper.hipcast.com/deluge/pepper-20210630160213-3521.mp3 Supplemental Examination: A Tool Worth Further Consideration In this episode Maia Harris talks with Troutman Pepper Partner Michael L. Goldman and Associate Megan Thisse O’Gara who discuss the basics of supplemental examinations and provide insights for patent owners considering this option. Our speakers also cover the use of supplemental examination to dispose of validity challenges or duty of candor concerns, why a patent owner might file a supplemental examination, timing considerations, and what happens if reexamination is the next step.


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]]> Thu, 1 Jul 2021 15:00:00 +0000 nicole.sparkswatts@troutman.com (Troutman Pepper Locke) https://patents-post-grant-podcast.simplecast.com/episodes/supplemental-examination-a-tool-worth-further-consideration-xx_SUMtr In this episode Maia Harris talks with Troutman Pepper Partner Michael L. Goldman and Associate Megan Thisse O’Gara who discuss the basics of supplemental examinations and provide insights for patent owners considering this option. Our speakers also cover the use of supplemental examination to dispose of validity challenges or duty of candor concerns, why a patent owner might file a supplemental examination, timing considerations, and what happens if reexamination is the next step.


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]]> Supplemental Examination: A Tool Worth Further Consideration Troutman Pepper Locke 00:34:27 In this episode Maia Harris talks with Troutman Pepper Partner Michael L. Goldman and Associate Megan Thisse O’Gara who discuss the basics of supplemental examinations and provide insights for patent owners considering this option. Our speakers also cover the use of supplemental examination to dispose of validity challenges or duty of candor concerns, why a patent owner might file a supplemental examination, timing considerations, and what happens if reexamination is the next step. In this episode Maia Harris talks with Troutman Pepper Partner Michael L. Goldman and Associate Megan Thisse O’Gara who discuss the basics of supplemental examinations and provide insights for patent owners considering this option. Our speakers also cover the use of supplemental examination to dispose of validity challenges or duty of candor concerns, why a patent owner might file a supplemental examination, timing considerations, and what happens if reexamination is the next step. false full 1 1 https://pepper.hipcast.com/deluge/pepper-20210524142124-6909.mp3 Knocking Out an IPR Institution Early Moderated by Maia Harris, this episode features Troutman Pepper Partners Dustin Weeks and Andrew Zappia, who discuss IPR institution procedures and strategies, including the importance of defeating a petition early as a patent owner, as well as considerations regarding patent litigation strategies as a whole. During this podcast, our experts also delve into the substantive and technical arguments to consider as part of a patent owner’s petition and a respondent’s preliminary response.


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]]> Mon, 24 May 2021 15:00:00 +0000 nicole.sparkswatts@troutman.com (Troutman Pepper Locke) https://patents-post-grant-podcast.simplecast.com/episodes/knocking-out-an-ipr-institution-early-2W4oUmkM Moderated by Maia Harris, this episode features Troutman Pepper Partners Dustin Weeks and Andrew Zappia, who discuss IPR institution procedures and strategies, including the importance of defeating a petition early as a patent owner, as well as considerations regarding patent litigation strategies as a whole. During this podcast, our experts also delve into the substantive and technical arguments to consider as part of a patent owner’s petition and a respondent’s preliminary response.


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]]> Knocking Out an IPR Institution Early Troutman Pepper Locke 00:30:53 Moderated by Maia Harris, this episode features Troutman Pepper Partners Dustin Weeks and Andrew Zappia, who discuss IPR institution procedures and strategies, including the importance of defeating a petition early as a patent owner, as well as considerations regarding patent litigation strategies as a whole. During this podcast, our experts also delve into the substantive and technical arguments to consider as part of a patent owner’s petition and a respondent’s preliminary response. Moderated by Maia Harris, this episode features Troutman Pepper Partners Dustin Weeks and Andrew Zappia, who discuss IPR institution procedures and strategies, including the importance of defeating a petition early as a patent owner, as well as considerations regarding patent litigation strategies as a whole. During this podcast, our experts also delve into the substantive and technical arguments to consider as part of a patent owner’s petition and a respondent’s preliminary response. false full 0 1