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The Reinvention of the Patent Trial and Appeal Board (PTAB)

Recorded on: Oct. 31, 2018
Running Time: 01:03:00

Full Transcript:



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Taken from the Audio-only Briefing The Reinvention of the Patent Trial and Appeal Board (PTAB) Recorded October 2018 in New York

The Reinvention of the Patent Trial and Appeal Board (PTAB) [01:03:00]

Now that new USPTO Director Iancu has the power to control Board precedent, and a new claim construction standard will be applied in a matter of weeks, the PTAB is in the midst of a significant renovation. But what will these changes mean for stake holders? Will the switch from BRI to the Phillipsstandard move the needle for Patent Owners? What will this change mean for petitioners and their parallel litigation positions? How have other initiatives of the new Director impacted the perspectives of the Board to Patent Owners? 

Please join Scott A. McKeown of Ropes & Gray LLP and Robert Greene Sterne of Sterne, Kessler, Goldstein & Fox, P.L.L.C. for a discussion of these issues and other hot topics, including:

  • Strategies impacted by the change to Phillips
  • The flexing of the Board’s equitable powers to deny petitions and new pseudo-precedent
  • Potential changes in appellate strategy
  • New Standard Operating Procedures and new precedent
  • Enhanced RPI/privy opportunities in light of new Federal Circuit precedent
  • Expected changes to come
Presentation Material
  • CAFC AND SCOTUS DECISIONS: 2017-2018 CASES EMERGING FROM THE PTAB
    Scott A. McKeown, Robert Greene Sterne
  • The Reinvention of the Patent Trial and Appeal Board
    Scott A. McKeown, Robert Greene Sterne
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