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
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