2021 PTAB Year in Review

While 2021 didn’t produce sea-changes in Patent Trial and Appeal Board (PTAB) rules and practices, there were significant developments in regard to long-standing issues such as discretionary denials (Fintiv) and Director review (Arthrex). Other decisions address the ability of petitioners to initiate PTAB proceedings in view of existing settlement/arbitration agreements and NDAs, speaking to the importance of drafting relevant provisions in such agreements at the outset. Finally, a changing Supreme Court could upend the deference standard (Chevron) traditionally applied to governmental agencies, with unknown impacts on existing and future PTAB rules.

Please join seasoned Foley & Lardner PTAB Trials Practice Group attorneys Mike Houston and George Beck for a discussion of the year’s major developments and how they may impact practice before the PTAB going forward. Specific topics will include:

• PTAB proceedings in view of settlement/arbitration agreements and NDAs — decisions to date
• Precedential opinions and implementation by PTAB, including discretionary denial considerations
• PTO implementation of Arthrex review
• Potential impact on PTAB AIA procedures if the Supreme Court abandons or modifies Chevron deference

Click here to register.

CLE

Foley & Lardner LLP will apply for CLE credit after the program, wherever applicable. Foley & Lardner LLP certifies that this activity has been approved for California MCLE credits by the State Bar of California. Foley & Lardner LLP is a State Bar of California MCLE approved provider. New York licensed attorneys admitted two years or less are not eligible to earn CLE credit through traditional formats. This program is appropriate for experienced New York Attorneys only. Certificates of attendance will be distributed to eligible participants approximately eight weeks after the web conference via email.