Current PTAB Trends at Institution, Final Written Decision, and on Remand

With the PTAB’s updated rules, increased Federal Circuit guidance, and the completion of several remands, AIA trials have rapidly evolved in the past year. New rules allow patent owners to submit new testimonial evidence prior to institution, providing an additional way for patent owners to contest a petitioner’s evidence. The Federal Circuit has also critiqued hundreds of Final Written Decisions, providing further guidance to the Board. Practitioners considering filing post-grant petitions, and those defending against them, have questioned if and how these developments affect Board decisions. For cases already on appeal, practitioners need to know what parties can expect if their case is remanded to the PTAB for further review.

Please join our panelists as they discuss current trends at the PTAB, including:

• Institution Decision rates and effectiveness of patent owners submitting testimonial evidence before institution
• Reasons why the Board “reversed” its Institution Decision and found claims patentable in Final Written Decisions
• Procedures and outcomes after remand from the Federal Circuit

Moderator: 

Erika Harmon Arner

Speakers: 

Cory C. Bell 
Rachel L. Emsley 
Kevin D. Rodkey

Date:

Thursday, May 25, 2017

Time:

10:00 - 11:00 a.m. PDT
1:00 - 2:00 p.m. EDT

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