USA Law and Practice Contributed by: Jim Hurst, Jeanna Wacker, Sam Kwon and Ashley Ross, Kirkland & Ellis
8. Other Relevant Forums/ Procedures 8.1 The UPC or Other Forums
• A party seeking to appeal from a PTAB and the US Trademark Trial and Appeal Board (TTAB) proceedings must file such notice within 63 days of the date of the final Board decision (37 CFR Section 90.3). Under 28 USC Section 1292, interlocutory appeals may be filed before the final decision. 7.2 Appeal Court(s) Arbiter The Federal Circuit has nationwide and exclusive jurisdiction in a variety of subject areas, includ - ing patents, trade marks, and international trade. This means that the Federal Circuit handles all federal district court appeals regarding patent cases. The Federal Circuit also reviews certain administrative agency decisions, including those from the PTAB, TTAB and ITC. The Federal Circuit’s work begins after the Clerk’s Office dockets a new appeal or petition and assigns a docket number. The parties to the cases prepare and file written briefs to present their arguments. The appeal is then randomly assigned to a panel comprising three randomly selected judges. There may be oral arguments, in which each side is typically allotted 15 min - utes for argument. Parties may seek review of a Federal Circuit decision in the US Supreme Court. 7.3 Special Provisions Generally, US district courts have broad discre - tion to streamline cases before them. Many dis - trict courts have local rules and, more specifi - cally, patent rules. Such rules may govern claim construction proceedings, exchange of infringe - ment and invalidity contentions, and procedures for pre-trial and trial exchanges.
US forums other than district courts (eg, the PTAB, TTAB and ITC) are also relevant to the pharmaceutical industry. The PTAB generally conducts hearings such as IPR proceedings, hears appeals from adverse examiner decisions in patent applications and re-examination proceedings, and renders deci - sions in interferences. The TTAB handles appeals involving applications to register marks, appeals from expungement or re-examination proceedings involving registra - tions, and trial cases of various types involving applications or registrations. The ITC investigates and makes determinations in proceedings involving imports claimed to injure a domestic industry or violate US IP rights. 9. Alternative Dispute Resolution 9.1 ADR Options Although court actions are more popular in the US compared with many other jurisdictions, there are other mechanisms for resolving disa - greements between parties. Such ADR proceed - ings may result in faster and less expensive resolutions. In mediations, for example, a neutral mediator may be used to discuss potential settlements. The mediator generally helps parties assess their legal positions. Even if parties do not reach an agreement, the mediation process facilitates exchange of information.
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