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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
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International Super Spy Peter Gunnar Peter Gunnar
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Gunnar’s Invention – Original Sketch in Lab Notebook
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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
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Commercial Success of the Easy Ejector Seat: Global Unit Sales 2012 2011 2010 2009 2008
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Gunnar’s Invention – Awarded Patent Protection
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Wannabe Super Spy Brazen Golddigger Brazen Golddigger
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SpyTech’s Allegedly Infringing Rejector 2005 System
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Golddigger Stole Gunnar’s Girlfriend Gunnar’s Ex-Girlfriend
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Golddigger’s New Favorite Client Kim Jong Un
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The Rejector 2005 Is Similar to Gunnar’s Invention
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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.
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Standard AIA Trial Timeline
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Prior Art Incredible Hulk Rollercoaster
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Prior Art ’917 Patent
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SpyTech’s Petition for Inter Partes Review ’917 PatentHulk Rollercoaster
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SpyTech’s Petition for Inter Partes Review ’917 PatentHulk Rollercoaster
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‘007 Claim 1 SpyTech Contends the ’007 Patent Is Obvious ’917Hulk 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.
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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
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ITC Practice Panel Discussion Scheduling Issue - Extension of Time
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ITC Practice Panel Discussion Scheduling Issue - Early Claim Construction
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ITC Practice Panel Discussion Protective Order Issue - Prosecution Bar
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ITC Practice Panel Discussion Discovery Dispute - Deposition of Dr. E. Ville
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ITC Practice Panel Discussion Discovery Dispute - Espion’s Request for Additional Discovery to Depose B. Esser
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Factors in Assessing Additional Discovery 1.More than a mere possibility and mere allegation 2.Litigation positions and underlying basis 3.Ability to generate equivalent information by other means 4.Easily understandable instructions 5.Requests not overly burdensome to answer
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ITC Practice Panel Discussion Deposition Disputes
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Prior Art ’917 Patent
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ITC Practice Panel Discussion Thank You!
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