SAP, Motorola, and the Future of PTAB Reform

The Patent Trial and Appeal Board (PTAB), created under the America Invents Act (AIA) of 2011, has long been a source of debate. The Supreme Court has reviewed several of its procedures, and Congress has introduced PTAB reform bills in every session since 2017.

A core PTAB function is deciding Inter Partes Review (IPR) petitions that challenge patent validity. Under new PTO leadership, IPR institution rates have sharply declined, prompting complaints from companies like SAP America and Motorola, which claim they were unfairly harmed by the shift and that the PTO has not provided adequate legal justification. PTO Director John Squires has defended the new direction, announcing he will personally decide all preliminary IPR institutions—a task previously handled by three-judge panels. The PTO has also proposed rules requiring petitioners to waive future prior art challenges to qualify for IPR institution.

This webinar will examine the SAP and Motorola petitions, Director Squires’s policy memo, and their implications for PTAB reform, the AIA framework, and the constitutional foundations of U.S. patent law.

Featuring: 

Arthur Gollwitzer, Partner, Jackson Walker LLP

Jamie Simpson, Chief Policy Officer and Counsel, The Council for Innovation Promotion

Robert Taylor, Founder and Owner, RPT Legal Strategies PC

[Moderator] Philip Nelson, Partner, Knobbe Martens

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.