PTAB and Administrative Validity Challenges Globally (2021)

Director Robert Greene Sterne will speak during the Patent session of Practising Law Institute (PLI)’s Intellectual Property Law Institute 2021, hosted in San Francisco, CA. The session will occur on October 18, 2021 at 12:45 p.m. PDT.

Patent Session Overview:

PTAB and Administrative Validity Challenges Globally

• PTAB stats and trends – the PTAB drives patent litigation in many ways, discretionary denial of institution, joinder, indefiniteness, means-plus-function, objective indicia evidence, rehearing, POP precedential opinions, claim amendment, SAS impact on institution
• Virtual depositions and oral hearings – video/audio
• The “off-ramp” – ex parte reexam, reissue, supplemental examination
• Parallel district court proceedings, USITC, Phillips claim construction, Estoppels
• Parallel validity challenges in foreign patent offices

CAFC Patent Law Developments and Updates

• Developments in CAFC case law on subjects not discussed in other panels
• Developments in appeals from district court infringement actions
• Developments in appeals from the PTO, including the TTAB
• Significant trends in CAFC cases over the past year.

Attorney Fees in Patent Litigation

• Defining Exceptional Conduct
• What is and is not Exceptional Conduct in different jurisdictions
• The numbers: Analyzing success by year and location