2021 PTAB Year in Review: Analysis & Trends

Richard Bemben, Salvador Bezos, Daniel Block, Eric Boyer, Paige Cloud, Tyler Dutton, Jason Eisenberg, Eldora Ellison, Ph.D., Jason Fitzsimmons, James Hietala, John Higgins, Tyler Hoge, David Holman, Ph.D., Lestin Kenton, Jr., Pratibha Khanduri, Ph.D., Tyler Liu, Randy Montgomery, Steven Pappas, Olga Partington, Ph.D., Pauline Pelletier, Ryan Richardson, Michael Specht, Deborah Sterling, Ph.D., Timothy Tang, Jonathan Tuminaro, Ph.D., Grace Tuyiringire, Lauren Watt, Kirsten Weigel-Van Aken, M.D.
Sterne, Kessler, Goldstein & Fox P.L.L.C.
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[co-author: Jamie Dohopolski]

Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed patent litigation. In its first final written decision for an inter partes review back in November 2013 in IPR2012-000001, the PTAB canceled all claims as obvious based on a four prior art reference combination, critically assessed claim construction, and denied a motion to amend. Change had certainly arrived. Thousands of petitions, hundreds of appeals, numerous constitutional challenges, and several PTO directors later, the PTAB’s importance and impact continues to grow and evolve.

This Year in Review explores the PTAB evolution with a particular focus on the interface between district court and PTAB litigation through a series of articles analyzing many of the most significant developments that occurred over the past year. As a firm that has handled over a thousand PTAB proceedings – second-most of any firm and including four inter partes reviews filed during the PTAB’s first week of operation - we apply our vast experience and data analytics to examine decisions and PTAB developments in order to provide practical insights to guide patent litigation strategy with a focus on the PTAB.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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