Title

Call for Volunteers for new PTAB Subcommittee

Announcement Description

This subcommittee will provide a forum for discussion and review of developments relating to ex-parte proceedings before the PTAB and to propose changes in the rules and practice for ex-parte proceedings.  In particular, the PTAB Subcommittee will:
•    Monitor ex-parte decisions of the PTAB and Federal Circuit decisions on appeals of ex-parte proceedings, and summarize significant decisions
•    Analyze statistics relating to PTAB ex-parte decisions, such as percentage of all rulings in favor of the applicant, percentage of rulings in favor of the applicant on particular grounds, tendencies of particular judges, and trends in statistics over time; we will be looking for statistics that can provide practical information for practitioners
•    Assess rules or practices that potentially should be changed, and formally propose or suggest changes where there is a consensus for change; one area of initial interest is the process with pre-appeal briefs, where there is a sense that the brief is not meaningfully considered or prosecution just gets re-opened
•    Discuss “open issues” for which there is not clear precedent; this may arise, for example, from changes in the law (such as because of the AIA changes), from Federal Circuit decisions that do not fully address an issue, from conflicting decisions within the Board, or because old precedents may not be consistent with more recent trends
•    Pursue other topics of interest to the Subcommittee

We plan periodically to lead a Committee-wide teleconference discussing an important decision, interesting statistics, or open issues. 
We are seeking volunteers to assist with these activities and to lead the discussions.  If you are interested in the Subcommittee or learning more about it, please contact the PTAB Subcommittee Chair Don Steinberg, don.steinberg@wilmerhale.com  (and please copy our Committee Chair, Paul Kitch, pkitch@nixonpeabody.com, and Vice Chair, Sarah Knight, sknight@talemip.com, on any email correspondence), or connect with Don at the AIPLA Spring Meeting.  We hope to see many of you at the meeting.

We are planning a Subcommittee kick-off call on Thursday, May 26, at 4:00 ET.
For our first presentation, we plan to lead a discussion of a significant PTAB or Federal Circuit decision in September 2016, following summer vacations.  We will look initially to those monitoring the decisions to lead the discussion.  In order to lead a discussion by the end of the summer, we hope to identify a particular decision during the first half of the summer.

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Created at 4/12/2016 6:03 PM by Meghan Donohoe
Last modified at 4/12/2016 6:03 PM by Meghan Donohoe