IRVINE, CALIF.—The Patent Trial and Appeal Board had a busy summer, issuing five new precedential, binding decisions, including the second-ever ruling from the Precedential Opinion Panel.
Womble Bond Dickinson patent litigation attorney Brent Babcock discussed the latest PTAB developments with Law360. Babcock said, “They’re basically saying to practitioners and the clients, we’re going to give more predictability to you so that you have a better sense of what likely is going to happen and how we’re likely going to decide these things.”
He also spoke about the Precedential Opinion Panel (POP) decision in the GoPro v. 360Heros Inc. dispute involving a camera mount patent. In the decision, the POP provided additional guidance as to when inter partes reviews may be filed.
“It makes life for patent owners a little bit easier,” Babcock told Law360 of the POP ruling. “It makes that one-year bar a more rigid deadline.”
Brent Babcock represents high-technology clients in every aspect of intellectual property disputes, focusing on federal district court litigation throughout the country, trials and post-grant patent proceedings before the USPTO's Patent Trial and Appeal Board and alternative dispute resolution (ADR) proceedings, including domestic and international arbitrations. His practice also includes pre-litigation counseling, pre-interference and post-grant proceeding consulting, and appellate briefing and oral argument before the United States Court of Appeals for the Federal Circuit.