Webinar: Top Considerations for IPR Petitioners with Customer-Supplier/Service Provider Relationships

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 authority and finality of the PTAB's determinations concerning Institution Decisions and related threshold issues. 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.
 
Foley & Lardner LLP hosted an enlightening webinar (lasting one hour) identifying the most pivotal elements when preparing and filing IPR petitions in the context of customer-supplier relationships.

Topics discussed included:

• 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 appealability of time bar decisions
  • How Click-to-Call may affect PTAB decisions relating to Institution
  • 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 grounds for denying petitions such as seen in Advanced Bionics and NHK Spring Co.
• Limits to appealing PTAB decisions to the Federal Circuit
  • How standing for appeals may affect strategy for petition filing

If you have any questions about this webinar, please contact Lauren Klippel (lklippel@foley.com).