Mayer Brown’s Amanda Streff Bonner will speak on “PTAB Launch: The Preliminary Proceeding – New Tactics, Evolving Estoppel Risks and Trial Institution” at PLI’s USPTO Post-Grant Patent Trials 2018: Change & Recalibration seminar.
The Patent Trial and Appeal Board (PTAB) continues to evolve at a dizzying pace. For 2018, the Board has significantly recalibrated such trial mechanisms as remand, amendment, and follow-on petitions. In parallel, the Federal Circuit has softened the appeal bar in WiFi One, and the Supreme Court continues to examine potential changes to PTAB institution practices. As stakeholders try to stay abreast of the most recent round of changes, additional challenges have emerged such as sovereign immunity and the inconsistent application of estoppel by the courts. As the PTAB evolves, so does the patent monetization landscape. Looking into 2018, with further changes to joinder and other fundamental trial mechanisms on the horizon, new case management strategies, including concurrent patent prosecution and PTAB tactics, options, and exit strategies must be developed.
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