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.
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.
Globally Recognized Practice
Sterne Kessler’s PTAB practice consistently garners recognition among the best in the country.
- In 2026, we were named PTAB Firm of the Year for the fourth time at the Managing IP Americas Awards after winning the inaugural award in 2015 and again in 2017 and 2020.
- In 2023, Sterne Kessler was named U.S. Post-Grant Firm of the Year at the 2023 Global IP Awards by leading intellectual property publications Intellectual Asset Management and World Trademark Review.
- In 2025, we were ranked in Patexia’s PTAB Intelligence report among the top 5 most active firms overall and the top 20 best performing firms overall.
- Patexia recognized nine individual Sterne Kessler attorneys among the 100 best performing PTAB practitioners in 2023 representing either petitioners or patent owners, including seven attorneys in the Top 50 and the #2 and #4 attorneys representing patent owners.
We Wrote the Book on Patent Office Litigation
We published our PTAB Year in Review: Analysis & Trends report, now in its 5th edition, which explores the power, resilience, and ever-evolving nature of the PTAB through a series of articles addressing the key decisions, trends, and rule changes. We also published Patent Office Litigation, Second Edition, providing a fresh and comprehensive exploration of all aspects of the contested patent proceedings before the PTAB.
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.
Connect with Sterne Kessler
Contact us or subscribe to our mailing list to receive the latest intellectual property news and insights straight to your inbox.