Program Details
2026-10-16 14:30:00
Over 1,000+ webinars
Course Overview
2026-10-16 14:30:00
2h CLE Credits
Intermediate
2
2:30 pm - 3:30 pm ESTAI-assisted invention is creating new risks for patent counsel well before a patent reaches litigation. This session examines how attorneys should approach inventorship, conception, disclosure, patentability, and prosecution strategy when AI tools participate in the inventive process. Using the USPTO’s revised 2025 inventorship guidance and current examination practices as the framework, attendees will learn how to distinguish meaningful human contributions from mere prompting or recognition of AI-generated results, preserve evidence of conception, and develop a prosecution record that can withstand later validity and inventorship challenges.
Michelle K. Holoubek
Lestin L. Kenton, Jr. 3:40 pm - 4:40 pm ESTAI and software patents present distinctive challenges when patentability decisions move beyond prosecution and into contested proceedings. This session examines how AI-related patents can be attacked and defended through §101, §§102/103, claim-scope, and technical-evidence disputes, with particular attention to the transition from prosecution to post-grant proceedings. Drawing on deep experience in PTAB litigation and the prosecution of software and AI technologies, the session provides a practical framework for identifying weaknesses before issuance and developing stronger positions when an AI-related patent is later challenged.
Michelle K. HoloubekLestin L. Kenton, Jr.Michelle K. Holoubek is a director in Sterne Kessler’s Electronics Practice Group. With a background in relativistic physics and computational modeling, Michelle combines her legal expertise and technical acumen to guide clients through evolving artificial intelligence and deep-learning landscape. She is well-versed in protecting software-based innovation through holistic complements of patents, trade secrets, and copyrights, as well as securing freedom to operate for startups and Fortune 100 companies alike. Having handled hundreds of computational applications at the USPTO, patent-eligible subject matter (§101) is Michelle’s special area of expertise.
Lestin is a leading PTAB litigator and IP strategist, specializing in IP portfolio development and monetization. He has successfully led over 100 PTAB proceedings, including IPR, PGR, and CBM reviews, across the electronics, mechanical, and life sciences industries, securing favorable outcomes for both petitioners and patent owners.
Michelle K. Holoubek is a director in Sterne Kessler’s Electronics Practice Group. With a background in relativistic physics and computational modeling, Michelle combines her legal expertise and technical acumen to guide clients through evolving artificial intelligence and deep-learning landscape. She is well-versed in protecting software-based innovation through holistic complements of patents, trade secrets, and copyrights, as well as securing freedom to operate for startups and Fortune 100 companies alike. Having handled hundreds of computational applications at the USPTO, patent-eligible subject matter (§101) is Michelle’s special area of expertise.
Lestin is a leading PTAB litigator and IP strategist, specializing in IP portfolio development and monetization. He has successfully led over 100 PTAB proceedings, including IPR, PGR, and CBM reviews, across the electronics, mechanical, and life sciences industries, securing favorable outcomes for both petitioners and patent owners.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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