Preparing for and Navigating PTAB Appeals Before the Federal Circuit
Conducting PTAB Trials With Eye to Appeal, Determining Errors for Appeal, Understanding PTO Practice and Federal Circuit Law
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to patent counsel on preparing a PTAB case for appeal to the Federal Circuit. The panel will also offer strategic tips for conducting a PTAB trial with an eye to appeal and best practices for prevailing on appeal.
Outline
- Current statistical trends in Federal Circuit appeals from the PTAB
- Federal Circuit rulings
- Review of PTAB decisions
- Standing to appeal
- Conducting a PTAB trial with an eye to appeal
- Best practices for strategically positioning and presenting a Federal Circuit appeal
Benefits
The panel will review these and other key issues:
- Current statistical trends relating to Federal Circuit appeals from the PTAB
- How the Federal Circuit will address potential review issues
- The Federal Circuit's current guidance on standing to appeal
- Strategies in PTAB proceedings to build a record and preserve issues for appeal
- How to strategically position and effectively present a Federal Circuit appeal
Faculty
Erika H. Arner
Partner
Finnegan Henderson Farabow Garrett & Dunner
Ms. Arner practices patent prosecution management, client counseling, and litigation and helps clients establish... | Read More
Ms. Arner practices patent prosecution management, client counseling, and litigation and helps clients establish and grow patent portfolios, design and implement procedures to protect intellectual capital, and formulate company-wide IP strategies and policies. She co-authored a petition for a writ of certiorari in Bilski v. Doll and co-authored an amicus curiae brief to the federal circuit in In re Bilski.
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Michael J. Flibbert
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Flibbert has extensive experience in all aspects of patent law, focusing on district court litigation, appeals, and... | Read More
Mr. Flibbert has extensive experience in all aspects of patent law, focusing on district court litigation, appeals, and inter partes review (IPR) and other contested proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. He has successfully represented clients in patent disputes before federal district courts, the Federal Circuit, and the PTAB involving a range of technologies, including pharmaceuticals, biotechnology, chemistry, chemical engineering, agriculture, and materials science. He also regularly counsels clients on patent issues, including infringement, validity, enforceability, and remedies.
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