https://knowledgewebcasts.com/know-portfolio/demystifying-discretionary-denials-by-the-ptab-cle/
About Brian Murphy
Brian Murphy is a partner at Haug Partners in New York City. Prior to joining Haug Partners, Brian presided over nearly 200 America Invents Act (AIA) post grant review proceedings as a Lead Administrative Patent Judge at the PTAB.
Brian acts as counsel or as a consultant to clients and counsel involved in PTAB post-grant trial proceedings, district court patent litigation and trials (jury and non-jury), and Federal Circuit appeals. He has represented clients in the pharmaceutical, biotechnology, medical device, consumer products, telecommunications, and electronics industries. He has particular expertise in Hatch-Waxman patent litigation. He also provides strategic advice and opinions, conducts mock oral arguments, acts as an expert witness, and conducts IP due diligence.
About Haug Partners
Haug Partners is a full-service, national law firm that provides integrated multidisciplinary legal services for life science and technology companies. Our service offerings include: (i) Antitrust Litigation and Counseling; (ii) Commercial Litigation and Strategic Counseling; (iii) Due Diligence; (iv) FDA Compliance and Counseling; (v) Intellectual Property Enforcement; (vi) Intellectual Property Procurement and Strategy; (vii) International Trade Commission; (viii) Investigations, Compliance, and Risk Mitigation Services; (ix) Licensing and Transactions; and (x) Trademarks and Unfair Competition. With offices in New York, Washington, D.C., and Boston, and through relationships with firms in Germany, China, Japan, and other key international markets, Haug Partners has the resources, technical expertise, legal acumen, and business judgment to consistently deliver optimal outcomes for clients.
Abstract
Over the past few years, the Patent Trial and Appeal Board (PTAB) has applied precedential decisions, such as NHK Spring Co., Ltd. v. Intri-Plex Techs., Inc. and Apple Inc. v. Fintiv, Inc., to expand its use of discretion under 35 U.S.C. § 314(a) to deny Inter Partes Review (IPR) petitions. In late 2020, the Board published draft rules for comment on whether to use the NHK-Fintiv factors to assess patent owner requests for discretionary denial or implement a bright-line approach. The comments to the draft rules are being reviewed by the Board, but the absence of a newly confirmed Director in the wake of Director Iancus departure has left the issue of discretionary denials unsettled. The rapidly changing landscape, particularly given the pending Apple v. Hirschfeld case pending before Judge Davila in the Northern District of California and recent bipartisan request for a GAO investigation of the Directors control over PTAB judges, makes this a very timely webinar for all stakeholders.
In this LIVE Webcast, patent litigation attorneys Philip Hirschhorn (Panitch Schwarze Belisario & Nadel LLP) and Brian Murphy (Haug Partners) will provide a comprehensive discussion of these up-to-date developments at the PTAB. Speakers will also discuss recent PTAB decisions concerning discretionary denials and share key strategies for petitioners and patent owners to approach the issue.
Key topics include:
-Discretionary Denials: Overview
-Status of PTAB Notice and Comment Rulemaking on Discretionary Denials
-Recent PTAB Decisions on Discretionary Denials
-Implications of Discretionary Denials on Litigation Strategies
-Critical Issues and Challenges
-What Lies Ahead
About The Knowledge Group
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