Preparing for PTAB and US ITC Appeals and Potential Litigation Processes

Directors Jon E. Wright, Michael Joffre, Ph.D., and William H. Milliken will present the webinar “Preparing for PTAB and US ITC Appeals and Potential Litigation Processes” on Thursday, April 14, 2022 at 11:00 a.m. EDT. The webinar is hosted by Lexology and IAM.

By looking at recent case law and trends in decisions coming from the Federal Circuit, the presenters will review aspects of potential points for appeal that should be identified and tracked throughout a litigation in the US district courts, at the US Patent Trial and Appeal Board (PTAB), and at the US International Trade Commission (ITC). The presenters will discuss how to avoid waiver and forfeiture, how to insert and frame arguments ultimately aimed at the appellate court, and how the different standards of review on appeal should affect litigation strategy both in the lower tribunal and on appeal. They will examine the intersection of PTAB cases with ITC and district court appeals, including the impact of settlement on PTAB appeals. The presenters will examine administrative law issues unique to ITC and PTAB appeals. Finally, for PTAB appeals specifically, they will discuss unique standing issues, and whether (and how) to flag PTAB appeals for possible USPTO intervention. Additional tips and case studies on this topic will be explored as time allows.