A panel of former administrative patent judges (APJs) discussed patent practice updates. Key Takeaways: (1) The timeline for PTAB cases has changed. (2) a Sotera stipulation is no longer a sure way to ensure institution of an Inter Partes Review (IPR). #IPLSpring25

Practice tips from former APJs: - use the best prior art in front of the PTAB - get your petition to the PTAB ASAP - stick to your strongest arguments & explain them well - style is less important than substance in oral argument - concede when possible #IPLSpring25

Pet Peeves of APJs: - Referring to a decision to institute like it is a settled document. "Everything is open to reevaluation." - Inefficiency and imprecision in front of the panel. The PTAB values efficiency and credibility. #IPLSpring25

If you are trying to break into the Mezcal or Tequila markets, make sure you comply with Appellations of Origin, Denominations of Origin, and other strict regulatory requirements! #IPLSpring25

Without consent from the Consejo Regulador del Tequila (CRT) or the Consejo Regulador del Mezcal (CRM), the USPTO will reject any trademark application using "tequila" or "mezcal." #IPLSpring25

Whenever you create a work of art for a temporary use (think film props), it is important to contract for what will happen to it after its intended use! #IPLSpring25

IP in pop culture: in the final panel of the day, a group of attorneys went over some laughably wrong depictions of IP law in media. One example: when Mike Ross from Suits got a patent application filed within 24 hours #IPLSpring25

Pro tip: Fair use is an affirmative defense, not a verb. #IPLSpring25

A great first day at #IPLSpring25 ABA-IPL

This morning at #IPLSpring25, the Patent Durability Task Force discussed how their policy proposals would improve the integrity and quality of the U.S. patent system.

One policy suggestion of the Patent Durability Taskforce is to update 35 U.S.C. § 102(a)(1) to eliminate the use of "secret sales" as prior art.

An in-house perspective: the definition of a “strong” patent portfolio is highly dependent on what type of company you are working for. #IPLSpring25

Discussion point: what would you change about the current judicial doctrine of obviousness-type double patenting? #IPLSpring25

Inventor Incentives: If you were an inventor at a company, what would incentivize you the most? #IPLSpring25

In-house perspectives: intellectual property is only one piece of a business’s success, so business integration is imperative. #IPLSpring25

There is a significant difference between "classic" AI and "generative" AI. #IPLSpring25

Tips from Bench to Bar at #IPLSpring25 - Make sure you always accurately represent the record. - Do not assume your argument is clear. Explain it. - If you don't know something, just admit it. - Know the problems with your case. This is what a judge will likely ask you about.

"There is no such thing as a perfect trial . . . but there are many things that make a fair trial." - The Honorable William Bryson of the United States Court of Appeals for the Federal Circuit #IPLSpring25

Litigation practice tip: avoid excessive use of acronyms and abbreviations #IPLSpring25

In an #IPLSpring25 panel on deepfakes, IP professionals discussed prominent state laws such as Tennessee's ELVIS Act, which provides protection against deepfake appropriation of likeness, voice, and image.