Foley and Lardner LLP recently issued the following announcement.
Recent decisions by both the U.S. Patent Office Patent Trial and Appeal Board and Federal Courts are significantly affecting the landscape for Inter Partes Review and other post-grant proceeding petitions. These include Court decisions affecting the effective level of the PTAB’s control over Institution Decisions. These recent trends make strategic planning critical in the dynamic between customers and suppliers/service providers faced with infringement suits and threats. Early missteps in the IPR petition process can hinder or even doom success at the later stages.
Join Foley & Lardner LLP for a webinar discussing how recent PTAB and Federal Court decisions may affect the strategies used for Inter Partes Review and other post-grant proceeding petitions when other interested parties are involved. Such considerations arise, for example, in the context of customer/client-supplier/service provider relationships, and when another party has already filed an IPR petition on the same patent.
Real Party in Interest (RPI) and “privy” issues, including factors relating to naming a supplier or customer in an IPR petition
Timing issues and the reviewability of Institution Decisions
How Click-to-Call may affect reviewability of PTAB Institution Decisions
Consideration of Joinder motions for instituted IPRs
Chances of success when presenting the same or substantially the same arguments, parallel petitions, or a follow-on petition
PTAB discretion in instituting IPR post-SAS
PTAB trends in deciding such petitions
Limits to appealing PTAB decisions to the Federal Circuit
How standing for appeals may affect strategy for petition filing
Date: June 03, 2020
Original source can be found here.