Hot Topics for Congress and the USPTO: 101 Patent Eligibility and PTAB Director Review

The NYIPLA Amicus Brief Committee looks forward to having you join their discussion on two hot topics: patent eligibility and Director review. The panel will discuss patent eligibility across technologies, including in life sciences, after the Supreme Court's denial of certiorari in American Axle and the impact of the views expressed by the United States - urging the Court to grant certiorari to address what it views as the Federal Circuit's clearly incorrect interpretation of the Court's Alice/Mayo patent eligibility framework - going forward.

The panel will also discuss attempts to remedy the current state of patent eligibility jurisprudence by the legislation in view of the Supreme Court's denial of certiorari. In particular, the panel will discuss Senator Tillis' recent patent eligibility reform proposal, crafted specifically to address the Federal Circuit's application of Alice/Mayo. 

The speakers will also address the Director review process at the PTAB, created to implement the Supreme Court's decision in Arthrex, including available guidance, scope for review, interplay with Precedential Opinion Panel (POP) review, and the role of amici. 

Attendees will be earning up to 1.5 CLE Credits. 

Speakers:

Hon. Paul R. Michel, Former Chief Judge United States Court of Appeals for the Federal Circuit 

Hon. Scott Howard, Acting Lead Judge, PTAB

Hon. Donna Praiss, Administrative Patent Judge, PTAB

David J. Kappos, Cravath, Swaine & Moore, Former Director of US Patent and Trademark Office

Irena Royzman, Kramer Levin Naftalis & Frankel  

Robert Rando, Greenspoon Marder

CLE Form

Materials: 

American Axle Tillis, Michel and Kappos Amici Brief || American Axle - NYIPLA Brief || Solicitor General Amicus Brief ||

CareDx Inc v. Natera Inc - Federal Circuit Opinion || Federal Register Notice - Director Review || Interim Process for Director Review ||

Patent Eligibility Restoration Act of 2022 || US v. Arthrex - Supreme Court Opinion || ABC Director Review Presentation

To ensure the health and safety of our guests, we require all attendees to be fully vaccinated against COVID-19. Please bring proof of vaccination with you to the event. If you have any questions, please contact Jane Silecchia

The New York Intellectual Property Law Association extends its gratitude to the sponsor of this event, Kramer Levin Naftalis & Frankel LLP.