Since last summer, appeals from the United States Patent & Trademark Office (USPTO) have made up an increasingly large proportion of the cases pending before the US Court of Appeals for the Federal Circuit. This increase is almost entirely due to the creation of trial proceedings, including inter partes and post-grant review, which became available on September 16, 2013. There are many lessons that petitioners and patent owners can learn from the Federal Circuit’s decisions on appeals from Patent Trial and Appeal Board (PTAB) trial proceedings.
The Federal Circuit has ruled on dozens of appeals from inter partes reviews and post-grant reviews filed under the covered business method patent program. More than half of the appeals to the Federal Circuit have resulted in the PTAB’s decision being summarily affirmed without an opinion. However, the court’s limited precedential opinions are beginning to answer a number of important procedural questions that will inform how the PTAB conducts trial proceedings and how practitioners should be prepared to represent their clients in those cases.
Please join Sharon Israel, Vera Nackovic, and Kyle Friesen from our Intellectual Property practice as they analyze and discuss the Federal Circuit’s jurisprudence on:
- Claim construction by the PTAB in inter partes and post-grant review
- Appellate review of issues addressed in the PTAB’s decision to institute trial and on final decision
- Substantive review of (and deference to) the PTAB’s patentability determinations
- Trends in the Federal Circuit’s patent jurisprudence on review of PTAB trial proceedings
For additional information, please contact Jeremy Fegley at
or +1 202 263 3019.
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