In the early days of appeals to the Federal Circuit of post-grant trials under the AIA, it usually seemed quixotic to hope that effective lawyering could reverse on appeal a PTAB decision to invalidate a patent. Now, the Federal Circuit’s affirmance rate for PTAB appeals hovers at around 70%, so the success of the PTAB petitioner’s appellate counsel is no longer so nearly universal.
This webinar, featuring two litigators and an in-house counsel who clerked at the Federal Circuit, will review case law and discuss strategies for affirming or reversing a PTAB decision. They will analyze and discuss:
- The decision to appeal
- Trends in remands, including what kinds of procedural grounds have been raised successfully by patent owners
- How counsel can counter arguments based on procedural oversights, including arguing harmless error
- Emerging case law regarding standing
- The expected impact on appeals of the PTAB’s switch to the BRI claim construction standard
- Steps in developing your appeal strategy
- Tactical tips for briefs and oral argument
Speakers:
- Michael Flibbert, Finnegan, Henderson. Farabow, Garrett & Dunner, LLP
- Sheila Kadura, Dell Technologies
- John O’Quinn, Kirkland & Ellis LLP
