Inter Partes Review and CBM Proceedings: Beyond the Rules

This course, presented by Kenyon & Kenyon partner Antony Pfeffer and associate Michael Turner examine the fast-developing practice of Inter Partes Review (IPR) and Covered Business Method (CBM) review before the Patent Trial and Appeals Board (PTAB) under the America Invents Act.

The presenters summarize various PTAB rulings that have been issued in the nearly two years since the first petitions were filed. They also discuss how these decisions impact various aspects of IPR and CBM practice, from the decision of whether to initiate a review through to appeal and possible implications on parallel or downstream district court litigations. 

Learning Objectives:

I.    Explore the current state of IPR and CBM practice based on PTAB application of relevant statutes and regulations

II.   Discuss strategic and tactical considerations in light of the current status of IPR and CBM practice

III.  Grasp evolving issues in IPR and CBM practice, including issues regarding:

• the scope of appeal to the Federal Circuit and
• the extent of estoppel to be applied in district court litigation