Tomorrow, Tuesday 29th May at 4.00 pm UK time (11.00 am EST), IAM will be hosting a special, free-to-access webinar with attorneys from three of the US's most highly-regarded patent law firms: Oblon, McClelland, Maier & Neustadt; Knobbe Martens; and Finnegan, Henderson, Farabow, Garrett & Dunner. Along with our North America editor Richard Lloyd, they will examine the impact the Supreme Court's recent Oil States and SAS decsions are likely to have on US patent strategies.
The future of inter partes reviews and how they play out at the Patent Trial and Appeal Board (PTAB) has been thrust into the spotlight by the two judgments. While the 7-2 decision in Oil States Energy Services v Greene’s Energy Group left inter partes reviews intact and was widely anticipated, the much closer 5-4 opinion in SAS Institute v Iancu caught many by surprise.
There is plenty for both petitioners and patent owners to consider in the SAS decision, thanks to which the PTAB will now review not only all of the challenges made in an instituted inter partes review, but also all of the grounds on which a review is lodged. On top of this, the USPTO has also announced a significant change to PTAB practice with a proposal to ditch the broadest reasonable interpretation (BRI) claim construction standard in post-issuance reviews.
That shift and both Supreme Court decisions have thrown up questions over the prospect of future challenges to the foundations of inter partes review and around how PTAB strategies should change.
Join the attorneys from Oblon, Knobbe Martens and Finnegan for this free-to-access webinar in which, among other things, they will discuss with Richard:
- Key takeaways from both the majority and dissenting opinions in Oil States
- Where the decision in Oil States leaves further challenges to inter partes reviews
- The likely impact of SAS Institute on petitioners and patent owners
- How the PTAB intends to implement SAS
- The long-term effects on PTAB strategy for both petitioners and patent owners
- The likely impact of a move away from BRI to the Philips claim construction standard in post-issuance reviews
With post-issuance reviews continuing to re-shape US patent litigation, senior IP executives need a thorough understanding of how both cases are likely to affect their company’s patent strategies. This free-to-access webinar is designed to meet that need.