Cracking the PTAB Code: Current Trends and Winning Tactics *

Cracking the PTAB Code: Current Trends and Winning Tactics *

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Litigating the validity of claims in an inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB) is vastly different from litigating validity in district court. When it comes to validity, the playbook for district court is most definitely not the playbook for IPRs. If you do not make a conscious effort to set aside district court strategies while arguing validity, it can ruin your case. Regardless of whether you are the petitioner or the patent owner, the papers you file must be oriented to this audience of highly trained specialist judges.

This panel will address current trends and winning tactics for both patent owners and petitioners at the PTAB, specifically addressing:

• The process for internal review of PTAB decisions, including Director Review.
• Packard or Nautilus, which is the right test for indefiniteness at the PTAB?
• The latest on estoppel, real parties in interest.
• The likely impact of proposed rulemaking.

Materials

• USPTO Finalizes Changes to PTAB Pre-Issuance Circulation Rules
• USPTO Publishes Long-Awaited Proposed Rule on PTAB Changes
• Nautilus or Packard: A Recent PGR Petition Highlights Perils of USPTO Flip-Flops
• Winning Strategies at the PTAB, Part I: Bring Your Game
• Winning Strategies at the PTAB, Part II: Common Pitfalls That Patent Owners Should Avoid

Survey

https://www.surveymonkey.com/r/Cracking-the-PTAB-Code