PTAB Trials: IPRs, PGRs, DERs

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Since the creation of the Patent Trial and Appeal Board (PTAB) under the America Invents Act (AIA), patent challenges, including inter partes review (IPR), post-grant review (PGR), and derivation proceedings (DER), have become a critical part of a broader patent enforcement or defense strategy. Success at the PTAB requires counsel who combine technical depth with a sophisticated understanding of PTAB policy and procedure. Sterne Kessler’s PTAB Trials team brings unparalleled experience and proven results to help clients navigate this evolving patent landscape and secure success.

The PTAB recently overhauled its IPR and PGR institution procedures. Under a new process, effective October 20, 2025, the U.S. Patent and Trademark Office Director, in consultation with at least three judges, will handle all decisions on institutions, including on the merits. This is one of the most dramatic procedural changes at the USPTO since the passage of the AIA. Parties must file separate briefs addressing discretionary denial and the petition merits within tight deadlines, and the Director will issue a “summary notice” to either grant or deny institution.

Navigating these procedural shifts requires a deep understanding of PTAB law and procedure, and a forward-thinking approach to timing, policy, and your organization’s goals. Sterne Kessler has unmatched bench strength before the PTAB, with more than 75 PTAB practitioners, including a former Deputy Chief Administrative Patent Judge, a former Vice Chief Administrative Patent Judge, and a former Lead Administrative Patent Judge.

Our firm’s unique experience and insider insight into PTAB decision-making means we can tailor our strategy to meet your objectives, whether you are a petitioner or patent owner.

The Sterne Kessler Advantage

Experienced PTAB Counsel Matters More Than Ever

Sterne Kessler has been counsel in more than 1,400 PTAB proceedings and counting, and our results continue to be among the very best. But you don’t have to take our word for it—in 2025, Patexia ranked us as one of the top 5 most active firms overall and a best performing firm for petitioners and patent owners based on its five-year analysis of PTAB proceedings (2020-2024). It also recognized seven individual Sterne Kessler attorneys among the 100 best performing and most active PTAB practitioners representing either petitioners or patent owners. We were named PTAB Firm of the Year award for the fourth time by Managing Intellectual Property in 2026, and we were also named U.S. Post-Grant Firm of the Year at the 2023 Global IP Awards by Intellectual Asset Management.

We have one of the most experienced and accomplished PTAB teams in the country, representing petitioners and patent owners across all technologies, including biotechnology, electronics, manufacturing, software, consumer products, automotive, medical devices, and pharmaceuticals, among many others.

Multidisciplinary Teams, Technical Depth

Clients benefit from our deep technical knowledge. Our integrated, multidisciplinary teams of attorneys, patent agents, and technical specialists collectively hold more than 100 advanced degrees in science and engineering, including over 60 Ph.D.s. We have decades of experience prosecuting strong, defensible patents, which informs our work as PTAB litigators. We also leverage our experience and reputation representing both patent challengers and patent owners to develop creative arguments and offer unique insights to our clients whether you are challenging a patent’s validity or defending your patents from attack.

Our team also has a keen understanding of the interplay between patent litigation venues and the PTAB. We often collaborate with our skilled trial litigators to craft PTAB case strategy that aligns with parallel district court or International Trade Commission actions, and our appellate practice has extensive experience securing wins from the PTAB at the Federal Circuit, as well as challenging rulings in instances when the Board gets it wrong.

PTAB Legal Experience and Advancement Program

Sterne Kessler is a proud leader in developing the next generation of legal talent to practice at the U.S. Patent and Trademark Office (USPTO) through the PTAB’s Legal Experience and Advancement Program (LEAP). The program provide opportunities for training and development of the next generation of attorneys and patent agents. Sterne Kessler held the top position for LEAP requests during the program’s first two years, and our participation has continued since.

2025 PTAB Year in Review: Analysis & Trends

In 2025, the Patent Trial and Appeal Board (PTAB) experienced significant procedural and substantive changes. Under new leadership at the U.S. Patent and Trademark Office (USPTO), a series…

Leadership