From the passage of The Leahy–Smith America Invents Act (AIA) to today, patent owners and petitioners alike have been concerned with the potential impact of statutory and rule-based estoppel resulting from Final Written Decisions of the Patent Trial and Appeal Board. Presenting a webinar edition of their well-received IPO Annual Meeting session in Chicago, our panel will explore a variety of issues from the perspective of the bench, in-house counsel, and PTAB trial practitioners, including:
- What is the likely impact of AIA estoppel at the PTAB and in the district courts?
- Is Shaw still alive after SAS?
- What’s the likely impact of SAS on the scope of estoppel?
- How does the Maxlinear decision change the potential scope of estoppel?
- How should the terms “skilled searcher,” “diligent search,” and “reasonably could have been expected to discover” be interpreted for estoppel purposes?
- How should non-documentary prior art be handled in a district court, even if it relates to publications used in an IPR
- When and how should the estoppel defense be raised at the PTAB? In a district court?
- Herbert Hart, McAndrews, Held & Malloy, Ltd.
- Emily Johnson, Amgen, Inc.
- Hon. James Peterson, Chief District Judge, U.S. District Court for the Western District of Wisconsin