Speakers:
Ashraf Fawzy – Legal Head - SEP, Unified Patents
Joshua Landau — Patent Counsel - Computer & Communications Industry Association (CCIA)
Joe Matal — Partner, Haynes and Boone, LLP
We reviewed one of the most closely monitored rule changes in the AIA's history. The USPTO recently issued a request for comments regarding policy-based discretionary denials of PTAB proceedings. Such policy-based discretion included the PTAB's recent rise in considering: (a) parallel litigation (Fintiv Factors/NHK Spring); (b) parallel petitions; and (c) serial petitions when deciding whether to institute. We spoke about the proposed rule, the policy and practical considerations involved, and the competing interests which resulted in over 800 comments being submitted from stakeholders.
Thank you to our panelists for leading a great discussion!
To listen to the recorded webinar, click here: https://vimeo.com/492542852
The slide presentation from this webinar can be seen below, along with some accompanying materials — the collection of submitted comments that were mentioned; Apple's Arthrex Brief; and the request for comments.
https://www.unifiedpatents.com/insights/2020/5/13/ptab-procedural-denial-and-the-rise-of-314
Please join us at our next webinar, The Trial Before the Trial — Eliminating Presumptions and Other Recent USPTO Rule Changes on January 28th at 12p ET. For more information, visit our website.
