2025 Advanced Patent Law (Austin) eConference

Recent Developments in Claim Construction (Jan 2026)

The foundation of patent application preparation/prosecution, district court trials, Federal Circuit appeals, and AIA post-grant review proceedings, is claim construction. Review the important 2024-2025 claim construction cases and issues at the Federal Circuit and trial court levels, as well as at the PTAB. Examine the PTAB’s procedural and substantive claim construction “rules, practices, and etc." Discuss adherence to the APA by the PTAB under various circumstances. And, discuss the claim construction interface between an IPR and a parallel district court proceeding.

Originally presented: Nov 2025 Advanced Patent Law Institute

Kenneth R. Adamo, Law Office of KRAdamo - Chicago, IL

​New Era Dawns for Design Patent Validity: How the Federal Circuit Has Rewritten Design Patent Obviousness Law (Jan 2026)

Design patents have historically been very difficult to invalidate. The Rosen-Durling test that has been used for decades to assess obviousness of U.S. design patents was a rigid test that resulted in few design patents being invalidated as obvious. The Federal Circuit’s May 2024 en banc decision in LKQ Corp. v. GM Global Tech. overruled the Rosen-Durling test and allows for a much more flexible approach to demonstrating design patent obviousness. Hear how the law of design patent invalidity has changed and how patent owners and patent challengers need to change their approaches to U.S. design patents in the future.

Originally presented: Nov 2025 Advanced Patent Law Institute

Megan E. Bussey, Kilpatrick Townsend & Stockton LLP - New York, NY

Changes in Fee Structures and the Impact on Portfolio Strategies (Jan 2026)

Strategies for efficient cost management and leveraging fee structures to maximize portfolio protection in view of recent USPTO fee increases.

Originally presented: Nov 2025 Advanced Patent Law Institute

Michael Pohl, Norton Rose Fulbright US LLP - Austin, TX
Ann Valdivia, USAA - San Antonio, TX

Discretionary Denial Changes at the PTAB: Overdue or Overcorrection? (Jan 2026)

The panel examines the impact of the new procedures on discretionary denials of institution at the PTAB, and best practices for petitioners and patent owners under the interim procedures. Hear how the new discretionary denial factors, such as settled expectations, are being leveraged by the parties and treated by the Director. And also covers further developments related to the interim procedures that occur between now and November 2025, including mandamus challenges to the new procedures.

Originally presented: Nov 2025 Advanced Patent Law Institute

Kristi L. R. Sawert, Ph.D., Fish & Richardson P.C. - Washington, DC
Thomas W. Krause, Former USPTO Solicitor and PTAB Director Review Executive - Alexandria, VA
Stephen McBride, Villegas & Cefo LLP - Tysons, VA
Clarke W. Stavinoha, Baker Botts L.L.P. - Dallas, TX

USPTO Policy Change Impact on When to pursue an IPR and When to Pursue an Ex Parte Reexam (Jan 2026)

This presentation covers the USPTO policy changes and impacts on when and how to pursue an IPR versus an Ex Parte Reexam.

Originally presented: Nov 2025 Advanced Patent Law Institute

Trenton Ward, Greenberg Traurig, LLP - Atlanta, GA

Litigating in the Unified Patent Court (Jan 2026)

Two and a half years after the UPC’s opening, Chuck Larsen of McDermott Will & Schulte shares lessons from a significant 9-patent case completed in the Paris Central Division and an ongoing infringement litigation before the Munich Local Division. The discussion offers practical insights into how the Court operates in practice, explores intersections with parallel U.S. cases, and highlights evolving strategic implications for global patent strategy and transactions.

Originally presented: Nov 2025 Advanced Patent Law Institute

Charles (Chuck) Larsen, McDermott Will & Schulte - Boston, MA

FRAND Wars: The Licensors Strike Back (Jan 2026)

Hear an update on the state of global SEP and FRAND law, with particular emphasis on recent developments in the UK and Europe. Reversing course from a year ago, these two jurisdictions are moving in a patent owner-friendly direction.

Originally presented: Nov 2025 Advanced Patent Law Institute

Nick Schuneman, McDermott Will & Schulte - Austin, TX

Written Description and Enablement: Recent Cases and Emerging Trends (Jan 2026)

This presentation examines how U.S. and international courts are interpreting the fundamental patent requirements for adequate description and enablement across biotechnology, pharmaceuticals, medical devices, software, and AI-related inventions. Explore recent decisions reshaping these standards in rapidly evolving technologies and analyze implications for global patent strategy and claim drafting.

Originally presented: Nov 2025 Advanced Patent Law Institute

Robert Greene Sterne, Sterne, Kessler, Goldstein & Fox P.L.L.C. - Washington, DC
Gaby L. Longsworth, Ph.D., Sterne, Kessler, Goldstein & Fox P.L.L.C. - Washington, DC

Traps for the Wary: Patent Prosecution Pitfalls Around the World (Jan 2026)

Patent prosecution can be full of surprises, sometimes unpleasant. This presentation discusses the requirements that may surprise U.S. patent practitioners handling applications filed in other countries like Canada, Mexico, and Europe, as well as ways to avoid unpleasant surprises.

Originally presented: Nov 2025 Advanced Patent Law Institute

Steve Borgman, Kilpatrick Townsend & Stockton LLP - Houston, TX

Litigation Funding (Jan 2026)

Originally presented: Nov 2025 Advanced Patent Law Institute

Wendie S. Childress, Westfleet Advisors - Houston, TX
Brett C. Govett, Norton Rose Fulbright US LLP - Dallas, TX

Judicial Panel (Jan 2026)

Gain insight from distinguished District Court Judges from across the nation regarding their experiences hearing and trying patent cases.

Originally presented: Nov 2025 Advanced Patent Law Institute

Joseph P. Reid, Perkins Cole LLP - San Diego, CA
Hon. Alan D Albright, U.S. District Court, Western District of Texas - Waco, TX
Hon. Dan MacLemore, U.S. District Court, Western District of Texas - Waco, TX
Hon. Leon Schydlower, U.S. District Court, Western District of Texas - El Paso, TX

Sanctions and Fee-Shifting in U.S. Patent Litigation: Authorities and Mechanics (Jan 2026)

Sanctions and fee-shifting, or at least the prospects thereof, arise frequently in U.S. patent litigation. This presentation examines the statutory, case law and inherent authorities providing for fee awards in various contexts in patent cases (§ 285 exceptional case, Rule 11, Rule 37, 28 U.S.C. § 1927, inherent authority). Learn the differences and distinctions among these authorities, the mechanics of applying them, and the situational pros/cons and nuances of each. 

Originally presented: Nov 2025 Advanced Patent Law Institute

D. Stuart Bartow, Duane Morris LLP - Wilmington DE, and Palo Alto, CA

Critical PTAB Developments: Beyond Discretionary Denial (Jan 2026)

While discretionary denial has dominated PTAB discussions in 2025, numerous other changes have fundamentally transformed PTAB practice, requiring practitioners to recalibrate their strategic approach to both AIA trials and ex parte appeals. Key developments to be discussed include significant Federal Circuit decisions narrowing estoppel and scrutinizing implicit claim construction, the limits on the use of admitted prior art and other general knowledge in IPR petitions, the PTAB’s focus on reducing the pendency of ex parte appeals, and the return to mandatory in-person hearings.

Originally presented: Nov 2025 Advanced Patent Law Institute

Christopher (Kit) Crumbley, Bracewell - Austin, TX
Jacqueline W. Bonilla, Sterne, Kessler, Goldstein & Fox PLLC - Washington, DC
Juliet Mitchell Dirba, Smith Baluch LLP - Austin, TX
Alex Yap, Morrison & Foerster LLP - Los Angeles, CA

Year in Review (Jan 2026)

A review of developments in patent law and policy at the Federal Circuit and the USPTO.

Originally presented: Nov 2025 Advanced Patent Law Institute

Joseph Matal, Clear IP, LLC - Washington, DC

How to Succeed on Appeal (Jan 2026)

A frank discussion from seasoned Supreme Court and appellate practitioners about how to best position your case for success on appeal.

Originally presented: Nov 2025 Advanced Patent Law Institute

Elizabeth B. Prelogar, Cooley LLP - Washington, DC
Michael Qian, Haynes Boone, LLP - Dallas, TX

Emerging IP Issues in Self-Driving Transportation (Jan 2026)

Originally presented: Nov 2025 Advanced Patent Law Institute

David W. O'Brien, Haynes and Boone, LLP - Austin, TX
Chris Storm, Uber - Washington, DC
Ash Zahr, Rivian - Palo Alto, CA

AI Patent Procurement After Recentive: The Case for an Intensive Inventor Interview, a Rich Specification, and Focused Claims (Jan 2026)

In Recentive Analytics, Inc. v. Fox Corp. et al. (No. 2023-2437, slip op. April 18, 2025), the Court of Appeals for the Federal Circuit affirmed the ineligibility of claims essentially wrapping general-purpose machine-learning claim limitations around a known process. Practitioners also face more § 101 rejections of AI/ML claims. Yet strong AI patents are still possible. This explores practical aspects of what to ask inventors, what to draft, and what to claim to yield survivable AI-based patents, along with the USPTO’s ethics-based disclosure requirements.

Originally presented: Nov 2025 Advanced Patent Law Institute

Christopher J. Palermo, Baker Botts - Austin, TX

Working in Harmony with In-House Counsel in the Digital Era (Jan 2026)

How to establish and maintain a productive relationship with in-house counsel, from the integration of AI tools to the ethics of best practices in billing and technology familiarity.

Originally presented: Nov 2025 Advanced Patent Law Institute

Michael Reeder, Blank Rome - Houston, TX
Justin Dillon, Digital.ai - Austin, TX
Jamie Duncan, AMD - Austin, TX