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Inter Partes Review After Oil States: Likely Impact and Next Challenges?

Level: Advanced
Runtime: 89 minutes
Recorded Date: March 07, 2018
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1:00 pm - 2:30 pm
  • Arguments Presented in the Briefs
  • What Happened at the Oral Argument
  • Where the Court May be Headed
  • Next Challenges to the IPR Process
  • Legislative Responses
Runtime: 1 hour and 29 minutes
Recorded: March 7, 2018


In the summer of 2017, the Supreme Court granted certiorari to consider the constitutionality of inter partes review (IPR) proceedings that were established following the passage of the America Invents Act of 2011 (AIA). The USPTO’s Patent Trial and Appeal Board (PTAB), a non-Article III tribunal consisting of administrative law judges from the Executive Branch, administers IPR proceedings. The Supreme Court is now likely to consider whether patent rights are private rights (versus public rights or quasi-public rights), and if so, whether the PTAB, as a non-Article III forum, can extinguish them without a jury. Join this panel of IP law experts, as they review and discuss the applicable Supreme Court precedent, the arguments made by the parties and the dozens of amici curiae, and the oral argument before the Supreme Court on November 27, 2017.

This program was recorded on March 7th, 2018.

Provided By

American Bar Association
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Hyland Hunt

Founding Partner
Deutsch Hunt PLLC

Hyland has been in the business of analyzing complex questions and mitigating uncertainty her entire professional life. After years as an intelligence officer in the Air Force, Hyland decided that she wanted to shift careers while continuing to work in a problem-solving, analytical field—and appellate litigation proved to be a perfect fit.

Hyland has practiced before the Supreme Court of the United States and federal and state appellate courts throughout the country. Her practice focuses in particular on administrative law and cases that lie at the intersection of administrative law and other doctrines (e.g., health care and employment law), which often feature a federal agency on the other side of the “v.”

Hyland has extensive experience in handling complex appeals, including developing strategy and authoring briefs. She has prepared over 60 appellate briefs at every level, including more than 20 briefs at the merits and certiorari stages in the Supreme Court of the United States, as well as briefs in the federal courts of appeals and state appellate courts. In addition, Hyland has argued appeals before the Sixth Circuit (twice), the D.C. Circuit (twice), and the New Mexico Court of Appeals. Beyond her work on merits and amicus briefing and arguments, Hyland has an active practice counseling clients on responding to and addressing changing statutes and regulations, particularly in the health care industry.

Hyland served as a law clerk for Judge Douglas H. Ginsburg, United States Court of Appeals for the D.C. Circuit, and then for Justice John Paul Stevens, Supreme Court of the United States. Before founding Deutsch Hunt PLLC with Ruthanne, Hyland was an associate and counsel in the Supreme Court and Appellate Practice at Akin Gump Strauss Hauer & Feld LLP, in the firm’s Washington, D.C. and Dallas offices, where she was the recipient of the 2012 Dallas Association of Young Lawyers Pro Bono Service Award.

Hyland received her A.B. magna cum laude in government from Harvard University in 1998. After college, she served as an intelligence officer in the United States Air Force before studying law at the University of Michigan Law School. She received her J.D. summa cum laude in 2008 from Michigan, where she was on the editorial board of the Michigan Law Review. Hyland has also continued her Air Force service as an officer in the Air Force Reserve Judge Advocate General’s Corps.

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Maura Moran

Cambridge Technology Law, LLC

Maura Moran advises clients on all aspects of IP, transaction and licensing law. She is a seasoned patent and trademark prosecutor, specializing in software, networking, robotics, electro-mechanical equipment, and consumer goods. Ms. Moran has practiced law in major law firms, corporations, and as a sole practitioner. She has served as inside counsel for ADE Corporation (now acquired by KLA-Tencor Corporation) and Digital Equipment Corporation (now acquired by Hewlett Packard), and has practiced law with the law firms Finnegan, Henderson, Farabow, Garrett & Dunner; Lahive & Cockfield (now merged with Nelson Mullins); and Fish & Richardson.

Through her own firm, where she counseled on transaction and licensing law and provided patent and trademark prosecution for start-ups, established companies, individuals, and universities. In addition, through this firm, she acted as inside counsel for universities and companies.

Ms. Moran is admitted to practice in Massachusetts and before the U.S. Patent and Trademark Office and several Federal Courts from the district level to the US Supreme Court. Ms. Moran is admitted to practice in Massachusetts and before the U.S. Patent and Trademark Office and several Federal Courts from the district level to the US Supreme Court.

Ms. Moran is a member of IEEE, the world’s largest organization for technology professionals, and currently serves on the Board of Directions for IEEE-USA as Vice President, Government Relations. She is a member of IEEE’s Women in Engineering and Robotics and Automation and Computer Societies.

She has a mathematics and engineering background and received her J.D. from Boston University.

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Gregory Dolin

Associate Professor of Law Co-Director
University of Baltimore

Professor Dolin’s scholarship centers on Patent law with a specific focus on how the patent regime affects innovation especially in bio-pharmaceutical areas. His work in these areas includes a number of scholarly articles, presentations, amicus briefs, and Congressional testimony.

In addition to his teaching and scholarly responsibilities, Professor Dolin is a co-director of the Center for Medicine and Law. The center with the Johns Hopkins Medical Institutions, operates the JHU/UB School of Law Joint Program for Medicine and the Law. The program aims to shift the focus from the courtroom to the classroom by empowering health providers, attorneys and other stakeholders to work together in a collaborative setting on health law issues. Additionally, Professor Dolin is an Associate Director of the Center for Law of Intellectual Property and Technology.

Before joining the University of Baltimore School of Law, Dr. Dolin held visiting appointments in other law schools. He also served as a law clerk to the Hon. Pauline Newman of the U.S. Court of Appeals for the Federal Circuit and the late Hon. H. Emory Widener Jr. of the U.S. Court of Appeals for the Fourth Circuit. He continues to render service to the Fourth Circuit by representing indigent appellants.

In his spare time, Professor Dolin travels, enjoys museums, opera (to which he regularly auctions off tickets), translates Russian poetry into English, and consults for various Hollywood shows. He also has a real Russian bear in his office.

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Marshall Schmitt

Michael Best & Friedrich LLP

Marshall’s practice focuses on resolving disputes regarding scientific issues and counseling clients in chemical and biotechnology matters. A skilled first chair litigator and trial lawyer, his practice includes helping clients develop strategies for obtaining and effectively enforcing their intellectual property rights.

Clients seek Marshall's advice to help solve complex intellectual property-related problems. His strong grasp of IP, together with effective use of internal investigations, enable him to understand how a dispute will impact the client’s business interest. His experience spans a wide spectrum of matters.

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