Defining the PTAB: Click to Call and Windy City (RECORDING)

The America Invents Act became law more than seven years ago, but the adjudicatory power of its signature creation, the Patent Trial and Appeal Board, continues to be refined by the judiciary. In the past few months, the Federal Circuit, with its decision in Facebook v. Windy City, and the Supreme Court, in Thryv v. Click to Call, both made important clarifications regarding the PTAB’s authority in important matters such as the time bar and joinder.

Not all the implications of these cases are obvious, nor are they ways in which they interact.  Panelists include a litigator who helped change post-grant practice on behalf of a client in the Supreme Court’s 2018 SAS case; a law professor who is an authority on the Federal Circuit; and a leading practitioner at the PTAB. They will untangle the complexities involving all the players including the PTAB, the director of the USPTO, and the Federal Circuit, and assess who emerges as a winner and in what way. They also will give an analysis of how practice could change, including:

  • What other PTAB determinations will be found to be “final and nonappealable” in addition to time bar determinations?
  • What happens to appeals that have been decided or are pending at the Federal Circuit on matters that now are no longer appealable?
  • What is the impact on proceedings involving state sovereign immunity?
  • What are the implications of the PTAB having enlarged unchecked power? What is the role of the USPTO’s Precedential Opinion Panel (POP)?

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Defining the PTAB: Click to Call and Windy City (RECORDING)
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