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The Patent Trial and Appeal Board (PTAB) evolved at a dizzying pace in 2020. Previous USPTO Director Andrei Iancu implemented a number of pro-patentee rules, trial practices and precedent. With Director Iancu now moving on, and new leadership on the horizon, it remains unclear what will become of these pro-patentee changes. At the same time, the agency is litigating whether some discretionary policies under 314(a) are lawful, or properly implemented without the necessary notice and comment rulemaking of the Administrative Procedure Act (APA). At the same time, the Supreme Court will take up yet another challenge to the constitutionality of the PTAB itself.
Please join Scott A. McKeown of Ropes & Gray LLP and Robert Greene Sterne of Sterne, Kessler, Goldstein & Fox, P.L.L.C. as they discuss topics including:
- What will become of 314(a) practices with an Interim Director? [15 minutes]
- Will the PTAB move forward with rulemaking to address the pending 314(a) lawsuit? [5 minutes]
- How will the PTAB handle pending POP requests absent a politically appointed Director? [5 minutes]
- Arthrex impact and possible outcomes [5 minutes]
- Reexamination and reissue impacts [5 minutes]
- What can you do to navigate 314(a) discretion [10 minutes]
- Claim sets
- Trial overlap
- What can be expected into 2021 in terms of new changes and initiatives [15 minutes]
Litigators and in-house counsel seeking insight on how to better navigate PTAB proceedings, stakeholders and patent portfolio managers/licensors who are litigating and monetizing patent portfolios will find this One Hour Briefing of great value and importance.