As a way of keeping in touch with our clients and keeping them informed on PTAB developments during the COVID-19 pandemic, the firm launched the PTAB Briefing Webinar Series. This informal and interactive series will address current PTAB issues from a practical perspective. The fifth webinar was Federal Circuit and Supreme Court Review of PTAB Decisions: Impact and Analysis of Arthrex, Thryv & More. The speakers included Director J.C. Rozendaal, Counsel Anna Phillips, and Associate William Milliken. The webinar was moderated by Director Michael Specht.
During this fifth program, the speakers examined the practical impacts of high-profile Federal Circuit and Supreme Court decisions involving PTAB appeals. The speakers also explored the holding and impacts of the Federal Circuit’s decisions in Arthrex, Inc. v. Smith & Nephew, Inc. and Samsung Electronics America v. Prisua Engineering Corp. In Arthrex, the Federal Circuit found the appointment of PTAB Judges unconstitutional, while providing a remedial solution. That decision released a torrent of PTAB decisions being vacated and remanded back to the PTAB, which the PTAB recently decided to stay. In Samsung, the Federal Circuit addressed the perplexing issue of how the PTAB must address claims that are indefinite. Lastly, our panel addressed the Supreme Court’s April 20th decision in Thryv, Inc. v. Click-to-Call Technologies, which held that patent owners cannot appeal determinations by the PTAB declining to apply the time-bar of 35 U.S.C. § 315(b).
To learn more about this topic and/or webinar, please contact the presenters.