McAndrews Shareholders Herbert D. Hart III and Scott P. McBride Invited to Speak at ACI’s Post-Grant PTO Proceedings


McAndrews, Held & Malloy shareholders Herbert D. Hart III and Scott P. McBride, along with other PTO patent trial pioneers, have been invited to speak at the American Conference Institute’s (ACI) inaugural forum on Post-Grant PTO Proceedings, March 25-26, 2015, at the Crowne Plaza in New York. McAndrews has long been a leader in interference and post-grant practice, and has one of the most active dockets of AIA trial proceedings of any firm in the nation.

The ACI’s two-day event will cover practical strategies and insights on Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method Patent Review (CBM). To help attendees better understand the opportunities and challenges of this new type of patent practice, presenters will address:

  • Patent portfolio planning and due diligence analysis in the era of new post grant proceedings;
  • The impact of the Supreme Court’s decisions in Alice Corp. and Nautilus on AIA post-grant proceedings;
  • The latest legislative developments which may impact and amend the AIA and PTO proceedings;
  • Strategies for PTO patent trial practice; and
  • Etiquette for appearing before the PTAB.

On the first day of the conference, Hart, a highly-regarded and well-known PTAB trial lawyer, will participate in a panel tilted “Post Grant Review: Predictions for the Next Big Thing in Law.” The discussion will cover strategies for choosing among PGR and other post-grant proceedings and a review of two PGR petitions recently filed with the PTAB, while offering insights and predictions for this new form of patent challenge.

On the second day of the conference, McBride will speak on a panel titled “New PTO Proceedings Playbook: Developing Strategies for PTO Patent Trial Practice.” Sample discussion points during this panel include understanding when a PTO proceeding may be a better option than a district court trial and devising discovery strategies that compliment PTAB and District Court protocols.

Additional information, including registration details and the full schedule, can be found here:

Herbert D. Hart III has litigated cases before the PTAB over several decades in a wide range of technologies, with a particular emphasis on life sciences and chemical technologies. He is a well-recognized PTAB practitioner, and has served as an expert witness on interference practice. He regularly speaks before clients, professional associations, and other audiences on PTAB trial practice, as well as on rulemaking under the post-grant provisions of the AIA. Hart has served on the American Intellectual Property Law Association’s (AIPLA) Special Task Force on AIA Rulemaking and was also appointed to the six-member Intellectual Property Owners Association/American Bar Association (ABA)/AIPLA Expert Committee on Regulations for Conducting New Post-Grant Review/Inter Partes Review Procedures (also known as the “Gang of 6”).


Scott P. McBride‘s practice focuses primarily on the litigation and trial of patent cases in federal courts, before the Patent Trial and Appeal Board, and in reexamination proceedings before the Patent Office. He works with a wide array of businesses, particularly medical device and pharmaceutical companies. McBride has spoken nationally and internationally before clients, bar associations, and other audiences on PTAB trial practice, the America Invents Act, and the impact of Alice Corp. v. CLS Bank Int’l.  McBride has written amicus curiae briefs as counsel of record on behalf of more than 20 universities and technology transfer organizations before the United States Supreme Court in Bowman v. Monsanto and on behalf of the Association of Patent Law Firms in the groundbreaking Phillips v. AWH Corporation case.

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