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James R. Barney

How to Impress PTAB Judges

October 31, 2016

Managing Intellectual Property

Following a panel discussion on "How to Impress PTAB Judges" at the American Intellectual Property Law Association’s (AIPLA) Annual Meeting, Finnegan attorney Erika H. Arner gave a presentation on recent decisions on PTAB appeals at the Federal Circuit. She noted that there have been 124 Federal Circuit rulings on appeals of final written decision, with an "affirmance rate that is a bit better than it used to be," of 80%. Of those affirmances, about 70% were Rule 36 judgments. She said, "[Rule 36’s] are usually given out about a week from oral argument. That is great if you are on the winning side because it is a quick win." During the presentation, Arner also discussed the Supreme Court’s decision in Cuozzo.

Tags

United States Court of Appeals for the Federal Circuit (CAFC), Rule 36

Related Practices

专利局无效程序

联邦巡回法院和最高法院上诉

Related Professionals

Erika Harmon Arner
合伙人
Washington, DC
+1 571 203 2754
Email

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