PIUG 2022 - Monday

M O N D A Y M O R N I N G

Keynote Address: Patent Trial and Appeal Board - State of the Board Michael Tierney (Vice Chief Administrative Patent Judge) 10:30 – 11:30 am

ABSTRACT The United States Patent and Trademark Office (USPTO) is the federal agency for granting U.S. patents and registering trademarks. The Patent Trial and Ap peal Board (PTAB) at the USPTO is created by statute, and includes statutory members and Administrative Patent Judges. The PTAB conducts trials, including inter partes, post-grant, and covered business meth od patent reviews and derivation proceedings, hears appeals from adverse examiner decisions in patent applications and reexamination proceedings, and renders decisions in interferences. This presentation will focus on an overview of statis tics from PTAB ex parte appeal and AIA proceedings, an overview of the interim post-Arthrex Director review procedure, an update on recent rules at the PTAB, and a brief overview of programs at the PTAB.

BIOGRAPHY Judge Michael Tierney was appointed to the Patent Trial and Appeal Board in July 2000. Judge Tierney is currently a Vice Chief Administrative Patent Judge on the Patent Trial and Appeal Board. As part of the Office’s AIA implementation, Judge Tierney led the Board’s comprehensive effort on the trial rulemakings. Judge Tierney worked closely with USPTO executive officials, trial judges, the patent com munity and other members of the public to develop the trial rules. Judge Tierney served on the first IPR panel, (Cuozzo) as well as the first CBM panel (SAP v. Versata). Judge Tierney has given numerous presen tations that educate the patent community on the statutory provisions, proposed rules, and final rules for the AIA administrative trials. Judge Tierney received both a J.D. and a B.S. in Chem ical Engineering from the University of Washington. He is a member of the Washington State and the District of Columbia bars. Prior to joining the Board, Judge Tierney was a senior patent associate in private practice, and he has also worked as a patent examiner in the chemical arts.

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