2021 PTAB Year in Review: Analysis & Trends

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

• Introduction
• 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

Related Webinars

• PTAB Analysis, Trends, and Forecast: Fintiv and Discretionary Denials
  Speakers: Michael D. Specht (Moderator), Jason A. Fitzsimmons, and Richard M. Bemben
• The Interplay Between District Court and PTAB: Estoppels, Evidentiary, and Recovery
  Speakers: Michael D. Specht (Moderator), Pauline M. Pelletier, and Jonathan Tuminaro, Ph.D.