PTAB Committee Tackles Discretionary Denials

In the next meeting of the PTAB Committee, to be held on December 1, 2020 at 4:00 p.m. ET, the committee will be discussing the PTAB's Discretion to Institute Trials Before the Patent Trial and Appeal Board and the new proposed rulemaking by the USPTO with respect to discretionary denials. (CLE credit will be offered). APJ Kal Deshpande (and possibly others) from the PTAB will attend the meeting in listening mode.

The USPTO is seeking public comments on considerations for instituting trials under the Leahy Smith America Invents Act.  The deadline to submit comments was originally November 18, 2020 but has been extended to December 3, 2020.  The session will begin with a presentation discussing the current state of the law related to the PTAB's discretionary denial power and delve into whether the proposed rules make sense. Members Devin Garrity and Chris Lisiewski will be helping prepare this presentation.

Committee members can then share their thoughts and opinions on these important issues. Following the presentation, the committee will virtually hold its annual Holiday Party. All are welcome to join and CLE will be available, contact admin@nyipla.org for the dial-in information. 

SPEAKERS:

• Devin Garrity, Law Clerk, Amster Rothstein  & Ebenstein LLP
• Charles Macedo, Partner, Amster Rothstein & Ebenstein LLP

REFERENCE MATERIAL:

CLE Evaluation Form (1 Page)
NYIPLA PTAB Presentation Discretionary Denials (27 Pages)
Understanding PTAB Trials: Key Milestones in IPR, PGR, and CBM Proceedings (30 Pages)

1.0 CLE Skills Credit NY/NJ

Hosted by the NYIPLA PTAB Committee.