The Patent Trial and Appeal Board (PTAB) continued to have a meaningful impact on IP litigation in 2019 as the preferred venue for challenging validity. There were a number of significant developments at the PTAB in 2019 including: numerous designated decisions, Constitutional challenges, and several procedural updates that will affect AIA trial practice going forward. These developments present new options for both petitioners and patent owners, and include:

• Recently designated decisions and what it means going forward
• Arthrex Inc. v. Smith & Nephew Inc. – Questioning the structure of PTAB proceedings and if judges have sufficient oversight
• Claim Amendments – An update on the Pilot program and alternate post-grant paths
• Due Process challenges related to IPRs on pre-AIA patents
• Real Party in Interest (RPI) & Privity
• Standing issues related to challenging patents and appealing decisions

In this webinar, the Brooks Kushman post-grant professionals Sangeeta Shah, Andrew Turner, and John Rondini review these developments and discuss potential strategies to maximize the benefit from the changes, while avoiding potential downsides.

Click to Download Slides