Getting Declarations on Prior Art for Patent Litigation

Wednesday, August 22, 2018 (11am - 12pm US/Central)


Deadline: August 21
Registration is closed for this event.
In Patent Trial and Appeal Board (PTAB) proceedings and in patent litigation, lawyers need to prove that prior art was available to the public before the application date of the patent in question. Legal information professionals supporting work in this area need to provide the proof. If you've ever been asked to get a date-stamped copy of an article or book, or a declaration about the date on which an item was made available to the public, this session is for you. Learn why declarations are important and how lawyers use them. Explore why library date stamps are no longer sufficient on their own, as well as how to get a declaration and who can provide them. The discussion will also include how to overcome some of the barriers to proving the date of availability.

Attendees will:
learn why attorneys ask for declarations to establish the date of availability of prior art
acquire a list of document delivery services that will provide date stamps
obtain a list of libraries that will provide declarations about their own material for a fee



Wendi Hoffenberg
Research & Reference Specialist

Wendi Hoffenberg, Research & Reference Specialist at WilmerHale, has worked as a research librarian in law firms since 2006. She supports all practice areas with an emphasis on Intellectual Property and IP litigation, and serves as a liaison to the Intellectual Property practice group. In her role at WilmerHale, Wendi provides instruction on patent search databases (such as Derwent Innovation and LexisNexis TotalPatent) and IP litigation databases (such as Docket Navigator and Lex Machina). She fulfills document delivery requests, including requests to authenticate the dates on which documents were publicly available.

Kenneth White
Business Intelligence Research Specialist
Wiley Rein LLP

Kenneth White, Esq., has worked as the Business Intelligence Research Specialist at Wiley Rein LLP in Washington, DC since December 2016. He supports all practice areas of the firm, including intellectual property, government contracts, telecommunications, and insurance. In his role at Wiley Rein, Ken is responsible for the day-to-day research needs of the attorneys and staff, including article retrieval and requests to authenticate public availability of prior art. He is also responsible for providing business and competitive intelligence research to the stakeholders of the firm. Prior to Wiley Rein, Ken worked as a Solutions Consultant with LexisNexis where he supported the Federal Judiciary.

Karen Rutherford
Research & Reference Specialist

Karen Rutherford, Research & Reference Specialist at WilmerHale, has worked as a research librarian in several law firms over the past 28 years. She has also worked as a Reference librarian in public libraries. In her position at WilmerHale, Karen supports the Corporate and Transactional practice as library liaison, but serves all practices across the firm. She also supports IP litigants by obtaining patents through databases like Derwent and Total Patent, and case information through LexMachina or Docket Navigator. Karen is active in the document delivery and ILL duties for the firm, which has required obtaining authenticated items for IPR proceedings.

Registration Fees:

These fees are available through 08/20/2018
Name Price Available To
Non Member $60.00   NonMember
Site Registration-Member $125.00   Honorary
Member $0.00   Honorary
Site Registration-Non Member $150.00   NonMember

Cancellation and Other Policies:

Cancellations and refund requests must be made in writing and emailed to by the registration deadline. No refunds will be given after the registration deadline. Refunds will not be given for no-shows.