Patent Litigation Review: Cases and Issues to Watch**

Patent Litigation Review: Cases and Issues to Watch**

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This panel will kick off our 4th annual Patent Litigation Masters™ program, with a review of the most important cases and issues. What is in store for the rest of 2024 and beyond with the Supreme Court continuing to refuse any reconsideration or refinement of the law of patent eligibility, bills pending that would reform the PTAB and return patent eligibility to pre-Alice and pre-Mayo, a pending en banc decision from the Federal Circuit relating to design patents, and the Supreme Court refusing to hear Intel’s challenge to Finitv?

Among other things, the issues and cases that will be discussed by the panel will include:

1. The recently published NPRM from the USPTO relating to revised PTAB rules.
2. Director Review: A look at some of the recent decisions by Director Vidal.
3. The prospects of legislative reform of the Patent Trial and Appeal Board (PTAB), with specific discussion of the pending PREVAIL Act.
4. The impact and importance of the Supreme Court’s refusal to take Intel v. Vidal, which leave the Finitv factors in place and allows the USPTO to use discretion to deny institution of an IPR proceeding.
5. The current state of patent eligibility in the federal courts, and what the realistic chances are for legislative reform (with specific discussion about the Patent Eligibility Reform Act (PERA).
6. The future of obviousness challenges in light of the Federal Circuit’s en banc decision in LKQ Corp. v. GM Global Technology Operations, which among other things asks whether the current obviousness test for design patents is inconsistent with KSR v. Teleflex, and if so what the replacement standard/test should be.

Materials

Will PTAB Fintiv Practices Be Reinvigorated Under the Next Director?

Limited PTAB Rule Proposal Marred by Ill Conceived Briefing Changes

Thoughts on the USPTO’s NPRM: Not Bad But the Big Challenges Remain

LKQ En Banc Argument Suggests CAFC Could Soften Test for Design Patent Obviousness

SCOTUS Passes on Intel’s Bid to Overturn Fintiv

Witnesses Clash Over Potential Pros and Cons of PERA in Senate IP Subcommittee Hearing

Senate IP Subcommittee Mulls PREVAIL Act Proposals for PTAB Reform

Judge Rader Says PREVAIL Act Will Bring Much-Needed Balance to PTAB Proceedings

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