The Latest PTAB Developments: New Challenges for Institution and New Risks for Patent Litigation

Berkeley Center for Law & Technology

Sponsored Event | October.27.2020 | 9:30am - 10:30am (Pacific Daylight Time)

Webinar

Orrick and the Berkeley Center for Law & Technology will be co-hosting a webinar and taking an in-depth look at the latest developments at the Patent Trial and Appeal Board.

The institution rate for IPR petitions has been significantly declining. One reason for the lower institution rate is that the Board is more frequently exercising its discretion to deny institution under 35 U.S.C. §§ 314(a) and 325(d).  In addition, now that it has been over two years since issuance of the SAS Supreme Court decision that requires institution of all, or none, of the IPR grounds, we are seeing how SAS increases the risk of filing IPRs. Even after institution, changes in PTAB practice have added more briefing, resulted in more objections and motions, and increased cost and uncertainty.

Join us as we discuss recent developments in discretionary denials, the effect of SAS on the percentage of claims that are found patentable, changes to post-institution practice and procedure, and strategies to employ in view of these new developments.

For more information, please contact Annie Schmaeling or Meredith Coyne.

CLE Credits Available: Y