Analyzing the Landscape of the Courts: A Look at the Recent Relationship between the PTAB, District Courts, and Federal Circuit Courts

July 17, 2018 11:00am

Melissa Brand
Director for IP Policy
Biotechnology Innovation Organization (Washington, D.C.)

Monisha Deka
Investigative Attorney
US International Trade Commission (Washington, D.C.)

Ching-Lee Fukuda
Partner
Sidley Austin LLP (New York, NY)

Philip D. Segrest Jr.
Partner
Husch Blackwell LLP (Chicago, IL)

With an increased focus on PTAB decisions from the Federal Circuit, as well as a rise in the number of concurrent cases in both District Court and the PTAB, this session will explore:  
  • Breaking down cases being held concurrently in both the PTAB and District Court, and where the burden of proof lies for each
  • Comparing the statistics of upheld decisions between District Courts and the PTAB by the Federal Circuit in recent patent and trademark cases
  • Exploring the grounds on which a PTAB decision can be reversed or vacated by the Federal Circuit
  • Understanding the recent spike in the usage of Rule 36
  • Examining the increased usage of estoppel in District Courts