The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Appeals from the PTAB: Laying the Groundwork for the Federal Circuit" on February 6, 2014 beginning at 2:00 pm (ET). A panel consisting of Hon. Arthur Gajarsa of Wilmer Cutler Pickering Hale and Dorr, LLP; Mollybeth Kocialski of the Oracle Corporation, and Scott McKeown of Oblon Spivak McClelland Maier & Neustadt, LLP will consider:
• What happens to prior art that was ruled redundant by the PTAB? In the interest of streamlining its cases and meeting deadlines set by statute, the PTAB often prunes back petitions and declines to rule on many pieces of prior art. These pieces of prior art remain "in the background," say some experts, and could mean the PTAB decision is not a final judgment. Will such cases be remanded back to the PTAB? Could such remands constitute an orphan class of post-grant proceedings that fall outside of the statutory deadlines?
• How will issues regarding litigation estoppel play out and will they trigger more litigation? Complications have already arisen in IPR petitions that involve different parties where one has indemnified the other from a claim of patent infringement. It is unclear if the existence of a contract/indemnification clause creates privity between the contracting parties under the IPR statutes, or if it renders an indemnitor a real-party-in-interest with respect to the indemnified party. While analyzing the legal and institutional landscape, the panelists will advise companies currently involved or soon-to-be-involved in post-grant proceedings at the PTAB how they can act now to maximize their success on appeal at the Federal Circuit.
The registration fee for the webinar is $130 (government and academic rates are available upon request). Those interested in registering for the webinar can do so here.
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