Resources

January 9, 2019

Post-Grant for Practitioners: 2018 Year in Review

2018 was a watershed year for PTAB practitioners. The Supreme Court of the United States (SCOTUS) and the Court of Appeals for the Federal Circuit (CAFC) issued several important decisions relating to the constitutionality of post-grant practice itself, RPI/privity, partial institution decisions, and printed publications. In addition, the PTAB adopted new claim construction rules replacing BRI with the Philips standard, and proposed a new pilot procedure for claim amendments. Changes to the trial practice guide included patent owner surreplies as a matter of right and institution standards governing multiple petitions/petitioners.

In this webinar, Fish Principals and Post-Grant Practice Co-Chairs Dorothy Whelan and Karl Renner took a closer look at these significant developments and examined their impact on practitioners. Dorothy and Karl discussed:

  • PTAB Statistics and Trends
  • Decisions and Case Law Developments at the PTAB, CAFC, and SCOTUS, including:
    • Oil States Energy Services, LLC v. Greene’s Energy Group, LLC
    • SAS Institute, Inc. v. Iancu
    • Applications in Internet Time, LLC v. RPX Corp.
    • Click-to-Call Technologies, LP v. Ingenio, Inc.
    • General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha (Board Discretion: 314, 325)
    • GoPro, Inc. v. Contour IP Holding, LLC
  • What to Watch For in 2019
No Comments

Sorry, the comment form is closed at this time.

Fill out the form below to receive our monthly newsletter and updates on your selected areas of interest. You can unsubscribe at any time by clicking the unsubscribe link at the bottom of the email.

  • This field is for validation purposes and should be left unchanged.