Basics and Strategies for Appeals from PTO Post-Grant Decisions
The Federal Circuit is facing a coming explosion of appeals from the Patent Office next year – possibly a 300 percent (or more) increase from the 400-plus inter partes reviews that were started in the last year, to a back-log of reexaminations that was already very large. But Federal Circuit appeals are very different creatures than Patent Office proceedings, and they need to be looked at in a special way – “prosecution think” most definitely does not apply.
In this presentation, a member of Fish’s Appellate Practice group discussed the basics of Patent Office appeals, and strategies for winning those appeals. John Dragseth has led the briefing on or assisted others with over 100 patent appeals to the Federal Circuit and Supreme Court, and he will share what he has learned from their experiences.