Director Donald R. Banowit will be moderating the panel, "WG10 Chapter on Parallel USPTO Proceedings – 'Stage Three,'" at the Sedona Conference WG9 and WG10 Patent Litigation Working Groups 2019 Annual Meeting on March 29, 2019 in Philadelphia, Pennsylvania.
There have been numerous significant changes to PTAB practice since WG10 last edited its Stage 1 and Stage 2 WG10 Parallel USPTO Proceedings documents in July 2017. Just a few are listed below:
- Supreme Court’s SAS decision and PTAB’s resulting change to a binary approach for institution decisions
- Updated Trial Practice Guide released August 2018
- Move from BRI to Phillips claim construction standard
- Applications in Internet Time, LLC v. RPX Corporation decision from the Federal Circuit and its impact on PTAB RPI/Privy decisions
- PTAB’s developing practice of discretionary denials under 325(d) and 314(a)
- Proposed changes to PTAB motion to amend practice.
This drafting team will combine the existing WG10 Parallel USPTO Proceedings Stage One and Stage Two publications into a single publication, make current the content therein, and propose new best practices for improving efficiency and collaboration among the Federal Courts addressing these issues.