On January 8, 2018, the United States Court of Appeals for the Federal Circuit issued its long-awaited en banc decision in Wi-Fi One LLC v. Broadcom Corporation. This decision softened the appeal bar of 35 U.S.C. 314(d), and in the process, opened up a new avenue for litigants dissatisfied with a PTAB’s Final Written Decision to attack the Board’s rulings. See Federal Circuit says IPR Time Bar is Appealable. Issues unrelated to the merits of an institution decision are suddenly fair game for appeal. The expansion of potential appellate issues, while not yet fully delineated, will have a corresponding impact on PTAB trial practices.
- Changing trial strategies to ensure the necessary development of discovery and the trial records
- Uncertain precedent on time bar issues (315(b))
- Equitable defenses and appeal
- Sovereign immunity challenges
- Patentee estoppel challenges
- Practice tips and future predictions
This program is approved for 1 hour of CLE credit.