PTAB Trial Practice After Wi-Fi One: Challenges and Opportunities

Founding Director, Rob Sterne, will be speaking at the upcoming Practicing Law Institute (PLI) Webinar “PTAB Trial Practice After Wi-Fi One: Challenge and Opportunities” on Friday, February 23rd from 1:00-2:00 PM Eastern.

On January 8, 2018, the United States Court of Appeals for the Federal Circuit issued its long-awaited en banc decision in Wi-Fi One LLC v. Broadcom Corporation. This decision softened the appeal bar of 35 U.S.C. 314(d), and in the process, opened up a new avenue for litigants dissatisfied with the PTAB’s Final Written Decision to attack the Board’s rulings. Issues unrelated to the merits of an institution decision are suddenly fair game for appeal. The expansion of potential appellate issues, while not yet fully delineated, will have a corresponding impact on PTAB trial practices.

Please join expert faculty for an analysis of changing trial strategies to ensure the necessary development of discovery and the trial records; uncertain precedent on time bar issues (315(b)); equitable defenses and appeal; sovereign immunity challenges; patentee estoppel challenges; and practice tips and future predictions.