Breaking News: Patents as Franchises, PTAB Violates Takings and Due Process, “Phillips” at PTAB
Panel Discussion and Networking Lunch
Online registration ends Monday, June 18, 2018.
Prior to June 15:
LES Member: $40.00
LES Student Member: $25.00
After June 15:
LES Member: $50.00
LES Student Member: $35.00
The recent Supreme Court decision in Oil States Energy Services v. Greene’s Energy Group ruled that issued patents are not private rights but public rights that are a franchise granted by the Government that can be withdrawn by executive branch action without resort to the courts. What are potential consequences of patents as franchises; e.g., will franchises owned by Non-Practicing Entities be revoked for non-use (as in "march-in rights" under Bayh-¬Dole) or for alleged mis-use? What happens to patents issued before the AIA; are they also franchises subject to Inter-Partes Review? Oil States also explicitly left open whether patents as franchises can be confiscated with notice and the opportunity to be heard and with just compensation (due process and the takings clause). Christy, Inc. has already filed a class action law suit alleging the PTAB violates takings clause and due process. The USPTO has proposed making the claim construction standard used in IPRs the same as that used in District Court proceedings (“Phillips”). What are the consequences of these changes and events on patent valuations and on the Silicon Valley innovation economy? Hear a panel of experts representing a broad spectrum of opinions on the consequences of the Oil States decision address these and related issues.
Panel: to be announced
MCLE: An application requesting MCLE credit for this activity is pending for approval by the State Bar of California.
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