Jason Romrell - Attorney at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Benjamin Hickman - Associate Solicitor at the United States Patent and Trademark Office
Andrew Trask - Patent Litigation Counsel at Google
J. Steven Baughman - Attorney at Paul, Weiss, Rifkind, Wharton & Garrrison LLP
While inter partes review provides a powerful means for challenging patentability, Congress also included an estoppel provision, which is intended to limit the arguments petitioners can raise following PTAB review. The Board, district courts, and the Federal Circuit are grappling with the precise scope of that estoppel. Our panel of practitioners, an in-house attorney, and a PTO associate solicitor will explore recent decisions addressing the scope of AIA estoppel and what we can expect as more cases reach the Federal Circuit.