IPWatchdog CON2020 - March 15-18, 2020 - Dallas, TX

Patents at the PTAB: How the Times Have Changed (or Not)

Patents at the PTAB: How the Times Have Changed (or Not)

RegisterThe Patent Trial and Appeal Board (PTAB) has been described as the most influential patent tribunal in the world. And as 2019 ended the very establishment of the PTAB was being called into question. On October 31, 2019, the Federal Circuit ruled in Arthrex, Inc. v. Smith & Nephew, Inc. (No. 2018-2140) that the statutory scheme for appointing Administrative Patent Judges (APJs) to the PTAB violated the Appointments Clause of the U.S. Constitution. The panel did re-write the statute to save the PTAB, but in so doing made PTAB judge employees-at-will, which made no one happy. All parties, and many amici, have asked the Federal Circuit to take the case en banc.

This session will explore issues presented by Arthrex, as well as best practices for handling a variety of complex issues, such the statutory bar, claim construction issues, the current state of what it means to be a “real party in interest”, challengers lacking standing to appeal, the Precedential Opinion Panel and other changes that have impacted practice, procedure and outcomes before the PTAB.

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