Recent U.S. Supreme Court and Federal Circuit decisions demonstrate the evolution of key issues arising from the AIA
Recent U.S. Supreme Court and Federal Circuit decisions demonstrate the evolution of key issues arising from the AIA and its post-grant review procedures. Oil States started but did not resolve constitutional challenges to post-grant review procedures; SAS ended partial institution of IPRs, requiring that all claims challenged in a petition must be addressed in a final written decision (when the USPTO institutes which PTAB “guidance” sua sponte extended to all grounds for all such challenges); Helsinn is yet to finally resolve the section 102 public/private on-sale/offer for sale conundrum. Panelists reviewed where things stand, the state of play regarding strategy and tactics tried to date, and debated what might happen next. The panel was moderated by Kenneth Adamo, Kirkland & Ellis, LLP, Chicago, IL and the speakers includes Robert Armitage, IP Strategy & Policy, Marco Island, FL Hon. David Ruschke, U.S. Patent and Trademark Office, Alexandria, VA, Russell Slifer, Schwegman, Lundberg & Woessner, P.A., Boise, ID and Bruce Stoner, Greenblum & Bernstein, P.L.C., Reston, VA.