Opportunities and Pitfalls: Preparing Your PTAB Case for Appeal to the Federal Circuit

For two years, the Patent Trial and Appeal Board (PTAB) has conducted hundreds of patent trials, interpreting the meaning of the America Invents Act and developing trial rules for inter partes reviews and covered business method post-grant reviews. In these new trials, the PTAB has decided issues from claim construction to estoppel to the meaning of “covered business method patent.” Now it is the Federal Circuit’s turn to weigh in, as it faces an influx of appeals from PTAB decisions raising a host of issues of first impression. Join our panel of experts on PTAB trials and Federal Circuit appeals to learn about:

• The Federal Circuit’s first rulings regarding potential review of the PTAB decision to institute trial, including St. Jude Medical, Cardiology Division, Inc. v. Volcano Corp. (Fed. Cir. 2014);
• Early guidance from Consumer Watchdog v. Wisconsin Alumni Research Fund (Fed. Cir. 2014) on standing to appeal a PTAB decision to the Federal Circuit;
• Strategic tips for conducting a PTAB trial with an eye to appeal; and
• A look ahead to cases involving novel questions of law, the scope of PTAB authority, and the Federal Circuit’s role in resolving these issues.

Moderator:

Daniel C. Cooley

Speakers: 
Erika Harmon Arner 
Michael J. Flibbert

Date:
Thursday, December 4, 2014

Time:

1:00-2:00 pm EST