PTAB Review: Recent Consequential Moments and Decisions

PTAB Review: Recent Consequential Moments and Decisions

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As we close out 2024 and move into 2025, this panel will review and analyze some of the most important PTAB “decisions” from the last year. In some cases, these decisions will be important rulings from either the PTAB or the United States Court of Appeals for the Federal Circuit. In other instances, some of the most important “decisions” from the last year will relate to the Office electing to largely leave PTAB practice unaltered by implementing some changes but ultimately abandoning many proposed regulations that could have dramatically changed PTAB practice. Among other things, the panel will discuss:

• Federal Circuit decisions on patent owner estoppel and standing to appeal.
• Updated Standard Operating Procedure regarding assignment of Judges and circulation of opinions.
• Director Review and Amendment Pilot being made permanent.
• PTAB rulemaking that did not become implemented by the USPTO.

Materials

CAFC Upholds USPTO Estoppel Regulation But Limits Application to New or Amended Claims

CAFC Issues Precedential Decision on Criteria for Standing to Appeal

USPTO Strikes Expanded Paneling Option from New PTAB Operating Procedure

USPTO Finalizes Changes to PTAB Pre-Issuance Circulation Rules

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

USPTO Scraps Proposal to Allow Non-Registered Practitioners as Lead Counsel

USPTO Issues Final Rule on Director Review Process

USPTO Makes Motion to Amend Pilot Permanent in Final Rule

Survey:

https://www.surveymonkey.com/r/PTAB-Review