Evidence at the PTAB: Evolving Standards, New Precedential and Informative Decisions

Counsel Christopher R. O’Brien and Associate David W. Roadcap, Ph.D. will present a webinar titled “Evidence at the PTAB: Evolving Standards, New Precedential and Informative Decisions” on Thursday, July 23, 2020 from 1:00 p.m. to 2:30 p.m. EDT. This CLE webinar is hosted by Strafford.

Webinar Overview

This CLE webinar will guide patent counsel through the evolving evidentiary standards at the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB). The panel will examine decisions recently designated as precedential or informative and their impact on the standards. The panel will offer practical tips for submitting and challenging evidence in PTAB proceedings.

Description

In the past few months, the PTAB has designated a handful of decisions relating to evidentiary standards as precedential or informative. In particular, beginning with its decision in Hulu L.L.C. v. Sound View Innovations, the PTAB has designated a flurry of decisions as either precedential or informative to clarify what constitutes a printed publication. Most recently, on April 7, 2020, the PTAB designated four cases informative for their printed publication holdings.

The PTAB’s evolving evidentiary standards have often been a challenge for patent owners and petitioners. Patent counsel must understand the implications of recent precedential and informative decisions on the PTAB’s evidentiary standards.

Listen as our authoritative panel of IP attorneys examines the evolution of evidentiary standards and the recent clarifications the PTAB has provided. The panel will examine recent decisions, including decisions designated as either precedential or informative, and highlight the impact for patent owners and petitioners. The panel will also provide guidance for navigating evidentiary issues and applying the current standards at the PTAB.

Outline

1. Evidence at the PTAB
2. Recent informative decisions
3. Practical guidance
   1. Submitting evidence
   2. Challenging evidence

Benefits

The panel will review these and other priority issues:

• How have the PTAB evidentiary standards evolved over the past few years?
• What lessons can patent counsel draw from recent decisions when assessing evidence?
• What best practices should counsel employ when submitting evidence at the PTAB? When challenging evidence?