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PTAB Spotlight: Preserving the PTAB Trial Proceeding Record for Appeal

June 25, 2018
Latham lawyers emphasize preserving the record at the PTAB after the US Supreme Court's SAS Institute decision, anticipating the PTAB's proposed claim construction changes.

In the latest edition of the Viewpoints: PTAB Spotlight series, the head of Latham’s PTAB Practice, Bob Steinberg, and counsel Jon Strang explain the importance of preserving the record for appeal in light of the new, post-SAS procedures at the PTAB and the proposed harmonization of district court and PTAB claim construction standards.

Together, these changes will likely increase the PTAB’s institution rate, broaden the IPR estoppel, require greater coordination with the district court or ITC litigation, and result in more appeals to the Federal Circuit.