Sterne Kessler’s Jackie W. Bonilla, Ph.D. and Ivy Estoesta will speak at the 2026 ABA-IPL Section Annual Meeting. Jackie will serve as a panelist during the session, “Changing Course: The Degradation of IPRs and Strategies for a New Reality,” providing an in-depth analysis of recent trends and offering practical guidance for adjusting strategies in this new landscape. Ivy will participate as a panelist in “Determining Design Patent Validity Infringement,” exploring new frameworks for design patent anticipation and obviousness examination at the USPTO.

Session Overview: Changing Course: The Degradation of IPRs and Strategies for a New Reality

Recent shifts at the Patent Office have significantly altered the Post-Grant review environment. With discretionary denials on the rise, practitioners are encountering more frequent hurdles in obtaining Post-Grant relief. This program will provide an in-depth analysis of these trends and offer practical guidance for adjusting strategies to effectively protect and enforce patent rights in this more constrained landscape.

Participants will learn how to anticipate potential denials, optimize filing and argument approaches, and make informed decisions about alternative pathways for post-issuance patent challenges. This session is essential for practitioners seeking to maintain a proactive, strategic approach amid evolving Office practices.

Session Overview: Determining Design Patent Validity Infringement

Following International Seaway (2009) on anticipation and more recently LKQ v. GM (2024) on obviousness, the Federal Circuit has revamped design patent validity analysis. On the flip side, the Federal Circuit regularly weighs in on infringement analysis conducted by district courts on motions to dismiss and motions for summary judgement. This panel will explore new frameworks for design patent anticipation and obviousness examination at the USPTO, and how Examiners, the Board and Courts are applying obviousness analysis since LKQ v. GM. It will go on to review design patent infringement analysis in district courts litigation and appellate review.

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