Navigating Administrative Law in Patent Appeals Involving Review Proceedings

The procedures and standards applied under the Administrative Procedure Act were considered irrelevant and even esoteric by litigators and patent prosecution attorneys until appeals of review proceedings began revealing the importance of administrative law. Many Federal Circuit cases in 2016 and the Supreme Court’s decision in Cuozzo addressed or turned on administrative law.

PTAB practitioners need to be ready to identify and preserve administrative errors during IPR proceedings by keeping up-to-date on administrative law developments at the Federal Circuit and other courts.

The increasing emphasis on administrative law presents challenges and opportunities for patent counsel. Because administrative law issues are now hot topics for appeals involving review proceedings, well informed patent attorneys need to know the administrative law.

Listen as our authoritative panel of patent attorneys discusses the procedures and standards applied under the Administrative Procedure Act and the role they have in patent appeals involving review proceedings. The panel will discuss the impact administrative law is having in IPR and other review proceedings and what it means for patent counsel.

1. Administrative Procedure Act
   1. Procedures
   2. Standards
2. Role of administrative law in patent cases
   1. Recent court treatment
3. Impact of administrative law and what it means for patent attorneys going forward

The panel will review these and other key issues:

• What role does administrative law have in IPR proceedings?
• What are the implications of recent Federal Circuit and Supreme Court decisions for post-grant proceedings?
• What steps can patent counsel take to be prepared to preserve administrative errors in post-grant proceedings?