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How to Leverage Administrative Law Principles for More Effective Advocacy before the USPTO

Level: Advanced
Runtime: 93 minutes
Recorded Date: June 19, 2018
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  • APA: Patent Powers and Defense
  • Administrative Law Issues in Intellectual Property Cases
  • PTAB Trials: Strategic Considerations Under the APA
  • Q & A
Runtime: 1 hour and 33 minutes
Recorded: June 19, 2018


Patent and trademark practitioners have tended to pay little attention to administrative law and, correspondingly, to standards of review that apply during appeals to the Federal Circuit. With increasing activity before the PTAB and TTAB, patent and trademark practitioners need to have an up-to-date understanding of administrative law standards to guide PTO decisionmakers to correct decisions, and to frame effective appeals.

This program will provide an overview of the Administrative Procedures Act and how it applies in proceedings before the Patent and Trademark Office.

This program was recorded on June 19th, 2018.

Provided By

American Bar Association
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Eugene Goryunov

Kirkland & Ellis LLP

Mr. Goryunov is an experienced trial lawyer that represents clients in complex patent matters involving many diverse technologies. He is deeply involved, as trial counsel, in all aspects of cases pending in Federal courts, at the U.S. International Trade Commission involving Section 337 investigations, and in appeals at the U.S. Court of Appeals for the Federal Circuit. He also regularly serves as first-chair trial counsel in post-grant review trials, on behalf of both Petitioners and Patent Owners, pending at the U.S. Patent & Trademark Office. To date, he has been involved in over one-hundred post-grant review trials.

Mr. Goryunov is a regular contributor to intellectual property publications, including the Intellectual Property Magazine, The Patent Lawyer, and the IPO Law Journal. To date, he has published more than sixty articles, many of which discuss post-grant review trial practice. Mr. Goryunov also speaks about diverse issues of patent law and post-grant review trial practice. He also teaches patent law and intellectual property litigation at the Columbia University and previously at the University of Notre Dame.

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Melissa Wasserman

University of Texas Law School

Melissa Wasserman joined the University of Texas law faculty in 2016. Her research focuses on the institutional design of innovation policy, with a particular emphasis on patent law and administrative law. Her articles have been published or are forthcoming in both student edited law reviews and peer review journals including Stanford Law Review, California Law Review, Vanderbilt Law Review, Texas Law Review, Duke Law Journal, Review of Economics and Statistics, and Journal of Empirical Legal Studies.

Prior to joining the Texas faculty, she served as Professor at the University of Illinois College of Law. Her work has been selected for presentation in the 2015 Yale/Stanford/Harvard Junior Faculty Forum and in 2012 she was awarded the University of Illinois College of Law’s Carroll P. Hurd Award for Excellence in Faculty Scholarship, which is given to the most outstanding piece of faculty scholarship published in the previous year.

Professor Wasserman received her B.S. in chemical engineering with high honors from Pennsylvania State University. She received her Ph.D. in chemical engineering from Princeton for her work on the thermodynamics of network-forming liquids at low temperatures. As a graduate student, Professor Wasserman was both a National Science Foundation Graduate Research Fellow and American Association of University Women Selected Professions Fellow.

She received her J.D. magna cum laude from New York University School of Law, where she served as an articles editor of New York University Law Review. Following law school, Professor Wasserman clerked for Judge Kimberly A. Moore of the U.S. Court of Appeals for the Federal Circuit and then was an academic fellow and lecturer at the Petrie Flom Center for Health Law, Policy, Biotechnology, and Bioethics.

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David Boundy

Cambridge Technology Law

David Boundy is a patent attorney with expertise in Intellectual Property and Administrative Law. Mr. Boundy has a Master’s degree and ten years’ engineering experience in computer and communications engineering. After graduating from Columbia University Law School, David held positions as senior in-house IP counsel for a billion-dollar company, and in two top-25 law firms practicing intellectual property and business law.

Mr. Boundy is recognized as one of the 300 leading intellectual property strategists in the world. He has represented and counseled inventors, investors, startups, and established companies in intellectual property matters. The scope of representation has included patent prosecution, licensing, counseling to avoid litigation, opinions, financing and public offering transactions, due diligence, acquisitions, and spinoffs. His special expertise is computer hardware, software, and algorithms, especially systems software and mathematically-intensive computation such as medical imaging.

In executive branch rulemaking matters, Mr. Boundy led the teams that successfully quashed the Patent Office’s 2006-09 Continuations, 5/25 claims, IDS, Appeal, and IDS regulations, and has consulted on comment letters and legal challenges to other rules. In Article III litigation and appeals, Mr. Boundy has provided specialty consultation to lead counsel on issues at the intersection of Patent Office procedure and administrative law.

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