The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Arthrex: Advocating For Your Client" on March 12, 2020, from 2:00 to 3:00 pm (ET). Adam Banks of Weil, Scott Kamholz of Covington & Burling, and Eliot Williams of Baker Botts will focus on the substantial and fast-moving legal activity unleased by the Federal Circuit's decision in Arthrex, Inc. v. Smith & Nephew, Inc., in which the Court held that the way the U.S. Patent and Trademark Office has appointed administrative patent judges at the Patent Trial and Appeal Board violates the Appointments Clause of the Constitution (Art. II, sec. 2, cl. 2). The panel will cover:
• A taxonomy of the legal status of patent owners who want a redo of a PTAB trial, based on factors such as the timing of their final written decision in relation to Arthrexand whether and when the patent owner brought up the APJ issue;
• Possibilities for how each group's open issues might be resolved, including consideration of the concurrences in Bedgear; and
• What will happen with remands at PTAB, including:
-- How far back each case will be rewound and replayed.
-- The role of the USPTO's Standard Operating Procedure for remands.
-- How likely is it that the outcome of FWDs will change?
-- What will be different after resolution of the Arthrex issue?
The registration fee for the webinar is $135 (IPO member) or $150 (non-member) (government and academic rates are available upon request). Those interested in registering for the webinar can do so here.
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