After the PTAB: Winning at the Federal Circuit

After the PTAB: Winning at the Federal Circuit

View Session Speakers

Winning and losing at the Federal Circuit can sometimes seem arbitrary, and panel dependent. Confounding matters for patent owners is the extremely deference standard of review the Federal Circuit uses when reviewing PTAB decisions, and the unfortunately common practice of the Federal Circuit issuing one-sentence affirmances of PTAB decisions under Rule 36.

Still, there are many attorneys that have a very high win percentage when representing clients at the Federal Circuit. What have these attorneys learned about the secret to success on briefs and during oral argument? How can appellants and appellees increase their chances of winning at the Federal Circuit? What are the best practices for arguing certain issues? How can you structure an argument to maximize your chance to prevail? Is there anything you can and should do at the PTAB that will influence your chances of prevailing on appeal? What can be learned from recent Federal Circuit decisions related to PTAB appeals?

Materials

Winning Strategies at the Federal Circuit

It’s Time for the Supreme Court to Weigh in on Lower Courts’ Improper Use of Rules 56 and 36

Latest Bid to Review Rule 36 Practice Shot Down by SCOTUS

CAFC Vacates PTAB for Overly Rigid Benefit Requirement in Motivation to Combine Analysis

Federal Circuit Affirms PTAB Win for Unified But Clarifies Reading of Rehearing Regulation

Survey

https://www.surveymonkey.com/r/After-the-PTAB