In This Issue:
- Q&A with Arnold & Porter PTAB Practitioner Jessica Kaiser
- Q&A with Arnold & Porter PTAB Practitioner Atanas Baitchev
- Recent USPTO Leadership Changes
- Recent PGR/IPRs Involving Director Review
- Recent Notable Federal Circuit Decisions
- Recent District Court Decision Regarding Stay Where Co-Pending IPR Brought By Third-Party: Aire Tech., Ltd. v. Garmin Int Inc., Case No. 8-22- 1027, (C.D. Cal. Aug. 16, 2022)
- Recent PTAB Case Regarding Fintiv Analysis In Light Of Director's June 21, 2022 Fintiv Memorandum Nokia of America Corp., Ericsson Inc. v. Godo Kaisha IP Bridge 1, IPR2022-00446
Jessica recently joined Arnold & Porter's IP practice in March 2022 after more than seven years as an administrative patent judge (APJ) with the Patent Trial and Appeal Board (PTAB).
How would you describe your practice?
My practice focuses on patent disputes. Such disputes often proceed simultaneously in multiple forums, including the PTAB (where I was formerly a judge), the district courts, the ITC, and the Federal Circuit. My practice also spans a broad variety of technologies. At the PTAB, I focused on AIA proceedings in the electrical arts, but as a litigator, I have also represented clients in patent cases involving medical devices and pharmaceuticals.
How long have you been practicing in front of the USPTO and in front of the PTAB?
I was an APJ at the PTAB from 2014 until early 2022. During that time, I presided over numerous AIA trials and ex parte appeals on original prosecution. I also interfaced with various other parts of the USPTO on issues of policy, including the Director's Office, the Solicitor's Office, and the Central Reexamination Unit.
What's the biggest difference between being in private practice and being an APJ?
Private practice requires solving a more complicated puzzle. As an APJ, I was a neutral decisionmaker, and on each case, I focused on reaching the correct outcome based on the record before me. On the other hand, in private practice, many other factors can be at play beyond the cold record of a case. Depending on the scope of the dispute, this can include strategies across multiple forums (e.g., PTAB and district court), client needs, and future implications of taking a given position in litigation. Thinking through these complicated strategic puzzles is very different from my work as an APJ, but probably the part of private practice I enjoy the most.
What do you enjoy about practicing at Arnold & Porter?
The people. When I joined Arnold & Porter in March 2022, I didn't know any of the attorneys. In just six months, I have become fast friends with several. In my view, our people not only do fantastic legal work, but they are outstanding people. Practicing with people who I respect, admire, and enjoy spending time with makes the job fun.
What do you like to do in your spare time?
I enjoy spending time with my husband, my two children, and our dog. I also enjoy spending time in the Colorado mountains, camping, hiking, and stand-up paddleboarding. As a family, we enjoy traveling, and we are planning to visit the Galactic Starcruiser at Walt Disney World in October during the kids' fall break. Atanas has been part of Arnold & Porter's IP practice for 4 years.
How would you describe your practice?
My practice focuses on patent litigation in the district courts and assisting in IPR proceedings, which are often directly related to the district court litigation. The PTAB is increasingly the preferred venue for our clients, so a larger portion of my practice has been focused on preparing IPRs very quickly after a district court case is initiated in order to increase the likelihood of obtaining a stay pending resolution of the IPR. Balancing considerations of infringement and invalidity in the district court, on the one hand, and invalidity before the PTAB, on the other, are also an important aspect for my practice.
How long have you been practicing in front of the USPTO and in front of the PTAB?
I was fortunate enough to start work on my first IPR as a first year associate, and I have had a hand in over a dozen IPRs since.
What's the...
