CAFC Review of the PTAB: Mandamus, Recent Rulings, Emerging Trends*

CAFC Review of the PTAB: Mandamus, Recent Rulings, Emerging Trends*

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This panel will deliver an unfiltered look at Federal Circuit review of PTAB decisions. We will focus on how mandamus petitions, recent precedential decisions, and emerging appellate trends are redefining the PTAB—and forcing the USPTO to recalibrate on the fly.

We will walk through the surge in mandamus challenges targeting discretionary denial and examine Federal Circuit decisions to date on the issue. The panel will also provide a breakdown of the rulings that matter: where the court is signaling frustration, where it’s drawing new boundaries, and where it’s quietly inviting further challenges. We’ll also map out the broader trendlines—including increased scrutiny of procedural shortcuts, demand for transparent reasoning, and judicial impatience with policy swings that lack statutory grounding.

If you need clarity on how the Federal Circuit is reshaping PTAB practice—and how this appellate pressure is likely to influence future guidance, rulemaking, and Director review—this session will deliver the strategic intelligence you need.

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Panel Survey

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CLE Materials*

Ingenico and the Federal Circuit’s Elimination of IPR Estoppel

CAFC Affirms PTAB Invalidation of Gesture Technology Patent Claims, Rejects Estoppel and Expired Patent Arguments

Federal Circuit Blocks Mandamus Relief for USPTO Institution Denials

CAFC Denies Mandamus Petitions Seeking Reversal of New USPTO Policy on IPR Institution

CAFC Corrects PTAB’s Inventorship Analysis in First Appeal of AIA Derivation Proceeding

SCOTUS Scraps Recentive’s Petition Seeking Clarity on Eligibility for Machine Learning Claims

Fox Succeeds in Scrapping Machine Learning Claims at CAFC Under 101

* A Note on Materials: We apply for MCLE, which requires substantive writing on the topic covered. The materials provided are typically published by IPWatchdog.com authors and contributors. Although these articles relate to the topics that will be discussed, they are not intended to pigeon-hole guest speakers in any way or suggest endorsement of the positions taken by the authors. They are hopefully informative, and the articles we select have to date always been sufficient to satisfy MCLE authorities.