In 2019, the United States Patent and Trademark Office (USPTO) continued implementing policy initiatives of Director Iancu that may significantly affect trial practice before the Patent Trial and Appeal Board (PTAB). Some of the developments in 2019 include expansion of the PTAB’s discretion to deny petitions, a new claim amendment process, and the issuance of the first precedential opinions from the recently created Precedential Opinion Panel. In addition to the Director’s initiatives, in Arthrex v. Smith & Nephew, a case whose implications are still being sorted out, the Court of Appeals for the Federal Circuit announced a judicial fix to a constitutional defect in the appointment of PTAB judges.
In this LIVE Webcast, patent law experts Ted M. Cannon (Knobbe Martens) and Brian Murphy (Haug Partners) will provide the audience with an in-depth analysis of these recent developments in the PTAB practice. In addition to discussing Director Iancu’s initiatives and Arthrex generally, the speakers will provide focused insight and practice tips regarding a recent Precedential Opinion Panel decision regarding what evidence is needed to prove that a publication qualifies as prior art that can be relied on to invalidate a patent.
This LIVE Webcast will discuss the following key topics:
- Expansion of the PTAB’s discretion to deny petitions
- New claim amendment process in PTAB cases
- The PTAB’s new Precedential Opinion Panel, including a focused discussion of the panel’s decision about what evidence is needed to prove that a publication qualifies as prior art
- The Federal Circuit’s Arthrex decision
- Potential implications of these developments