PTAB Year in Review and Looking Forward – New Procedures Require Reassessment of AIA Trial Strategies

During 2018, Federal Circuit and Supreme Court rulings triggered important changes to IPR and other post grant proceedings before the Patent Trial and Appeal Board. In addition, the Board recently announced several new procedures that will affect AIA trial practice. These changes present new options for both petitioners and patent owners, but in some cases will increase the number of submissions required during the already-tight twelve-month trial schedule. The new procedures include:

• PTAB practice in institution and final written decisions after SAS
• Revisions to PTAB Trial Practice Guide
• Adoption of Phillips claim construction standard
• New procedures governing patent owner motions to amend claims, including Aqua Products and Western Digital

In this webinar, the Brooks Kushman post-grant litigation chairs, Frank Angileri and Sangeeta Shah, reviewed these developments and discussed potential strategies to maximize the benefit from the changes, while avoiding potential downsides.

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