Wolf Greenfield Webinar: Navigating PTAB Policy Shifts & Agency Activism
Over the past few months, the Patent Trial and Appeal Board (PTAB) has aggressively upended longstanding practices in assessing IPR/PGR petitions under 35 U.S.C. 314(a). This includes reversing certain aspects of the so-called “Fintiv” analysis (Vidal memo) of the previous administration and introducing altogether new discretionary factors. At the same time, the Director has introduced a new “interim” bifurcated briefing option aimed at redirecting all discretionary decisions away from PTAB merits panels, with plans to formalize this approach through future rulemaking.
As the PTAB landscape continues to evolve, stakeholders must remain vigilant to the strategic impact of shifting policies on existing/future filings and potentially unlawful agency action. Join us for an in-depth discussion on how recent policy changes and agency activism are impacting PTAB practice—and what it means for your IP strategy moving forward. In this webinar, we’ll cover:
- Recent changes to PTAB workflow and staffing
- The legal basis (if any) for the recent changes and their long-term viability
- Early administration data points on the new procedures/factors
- Strategic considerations of the new bifurcation process
- Practical guidance for navigating this evolving environment and possible further changes
Featured Speaker:
- Scott McKeown, Shareholder, Post-Grant Proceedings Practice
Wolf Greenfield is an accredited CLE provider in New York. If you attended our webinar live and are seeking CLE credit, please contact Dani Napier.