AIPLA Webinar Next Tuesday

For those seeking some PTAB-related CLE, consider next Tuesday’s AIPLA webinar @12:30 (EST) entitled:  Discretionary Denials Revisited: The New Politics of FintivRegister (here)

The program will explore the increasing politicization of the USPTO Director position, and what may be on the horizon relative to the uncodified discretionary

Legal World Adjusts to Pandemic

As different parts of the country adjust to Coronavirus outbreaks of varying degrees of intensity, government agencies and courts are issuing revised operating procedures.

The Federal Circuit announced today that some of the cases of the April argument calendar are being removed and will be submitted on the briefs.  In cases remaining on the argument calendar, if counsel for either party is located outside the National Capital area, the argument will be conducted by telephonic conference at the date and time previously scheduled.  In cases scheduled for argument where counsel for both parties are local, as of now, the court plans to proceed with in-person argument as previously scheduled.  Parties in all cases will be notified individually as to how we plan to proceed in their case.

The International Trade Commission (ITC), is postponing hearings scheduled in the next 60 days. The Commission will
Continue Reading Coronavirus Status Of Courts & Executive Agencies

ITC Staff Attorney Not Bound by Estoppel

Plaintiffs are painfully aware of the Patent Trial & Appeal Board (PTAB) and its potential to derail a patent litigation. Indeed, post-SAS patent owners facing motions to stay pending PTAB review are left with even less to argue. Even where a stay is avoided, the speed of the PTAB can undermine traditional litigation pressure points that traditionally drove parties to settlement (e.g., Markman). As such, plaintiffs are increasingly viewing the International Trade Commission (ITC) as the strongest foil to a PTAB attack.

The ITC, having its own mandate for speed does not stay pending PTAB review.  Likewise, an ITC Exclusion Order can be issued within the same time frame as a PTAB Final Written Decision, or faster. These advantages are not insignificant in today’s patent monetization landscape. But, the ITC is not without its PTAB trade-offs for Patent Owners.


Continue Reading PTAB Estoppel May Not Stick at ITC