Patent Office Strategy Meets Litigation Reality

In an increasingly complex global enforcement environment, the interaction between patent office proceedings and patent litigation has taken on new strategic significance. This two-part session explores how decisions in front of the EPO and USPTO impact litigation outcomes and timing, with a focus on high-stakes technology cases.

Part 1: The EPO, the UPC, and the Changing Dynamic of Parallel Proceedings

• Assess the implications of EPO oppositions running concurrently with UPC litigation—how does the UPC's approach differ from traditional bifurcated systems like Germany?
• Explore tactical questions: Should you oppose at the EPO or litigate at the UPC—or both? And in what order?
• Consider the potential for forum shopping and jurisdictional tension between European litigation and opposition venues

Part 2: PTAB Discretionary Denials and Their Impact on U.S. Tech Patent Litigation

• Unpack the recent shift in USPTO policy regarding discretionary denial of IPRs under NHK-Fintiv and other frameworks
• Examine how these changes influence litigation timelines, venue strategy, and settlement leverage—especially in tech-heavy districts like WDTX and EDTX
• Discuss how tech companies are navigating rare appellate routes and increasing pressure to frontload invalidity challenges in district court