Post-grant proceedings continue to have a significant impact on IP litigation and strategy in 2020. Despite a global pandemic and the closure of the USPTO offices, IPR filings continued at a brisk pace, reaching a total of 1,429 petitions in FY 2020, compared to 1,394 in FY 2019. The courts were also busy, with decisions touching on discretionary denials, standing, and appellate review of PTAB decisions, as well as the looming constitutional challenge to the appointment of PTAB judges that is on the Supreme Court’s docket.
In this webinar, Fish attorneys and Post-Grant Practice Co-Chairs Karl Renner and Dorothy Whelan discuss the most important post-grant developments of 2020, including:
Discretionary denials in light of Fintiv, the evolution of 314 jurisprudence, and challenges to the NHK-Fintiv rule
Appeals from institution decisions in light of Thryv and Cisco Systems
Appeals from Final Written Decisions in light of Argentum
Appeals to the Supreme Court, including SCOTUS’ decision to hear Arthrex and what it could mean for the future of the PTAB