January 10, 2018

2017 Post-Grant Year in Review

Coupled with groundbreaking arguments and precedential opinions, 2017 was the busiest year at the Patent Trial and Appeal Board (PTAB). The PTAB also continues to be the forum of choice for challenging the validity of patent claims. Fish Principals and Post-Grant Practice Co-Chairs Dorothy Whelan and Karl Renner looked back on significant developments from the past year. The discussion included:

  • PTAB statistics and trends
  • Decisions and case law developments at the PTAB, Supreme Court of the United States (SCOTUS), and Court of Appeals for the Federal Circuit (CAFC) including:
    • Oil States Energy Services, LLC v. Greene’s Energy Group, LLC; SAS Institute Inc. v. Lee; Aqua Products, Inc. v. Matal; and General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha
    • Tribal and State Sovereign Immunity
  • Procedures for dealing with remands from the CAFC
  • Developments in biopharma IPRs
  • What to watch for in 2018

Karl Renner, Principal, Co-Chair
Dorothy Whelan, Principal, Co-Chair
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