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.
Table of Contents
- Data & Trends
- Fintiv Continues To Take Center Stage
- Discretionary Denial under § 325(d): Strategic Implications of the PTAB’s Advanced Bionic Framework
- Developments in Antedating Asserted Art at the PTAB
- Case Studies and Trends at the PTAB Involving 35 U.S.C. § 112
- Expert Bad Behavior: The Problem and Potential Solutions
- IPR Estoppels: A Power Imbalance for Plaintiffs and Defendants
- Evidentiary Issues When Leveraging the Records in Parallel Proceedings Involving the PTAB
- Interplay Between PTAB Proceedings and Recovery in District Court
- A Niche Within a Niche: The PTAB’s Evolving Motion to Amend Practice
- The Resurgence and Perils of Ex Parte Reexaminations
- Biologics at the PTAB: Statistics and Insights into Notable Biologics Decisions
- Is the Tide Turning on Chemical Patent Challenges at the PTAB?
- Standard Essential Patents at the PTAB: Are SEPs Faring any Differently than non-SEPs? – Impacts and Analysis