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.