PTAB Year in Review: New Designated Decisions and Procedures Impact AIA Trial Strategies

While 2020 was an impactful year for everyone, the Patent Trial and Appeal Board (PTAB) designated numerous decisions and implemented procedural changes that affect AIA Trial Practice. These new developments include:

  • Rule Changes (Institution, Presumptions) and Clarification Memos (Applicant Admitted Prior Art)
  • Discretionary Denials due to Prior Examination (Advanced Bionics) and Parallel Litigation (Fintiv Factors)
  • Real Party in Interest (RPI) Issues (RPX Corp., Sharkninja)
  • Secondary Considerations (Lectrosonics)
  • Motions to Amend: PTAB raising new grounds of unpatentability (Hunting Titan), and opening the door to 112 challenges
  • Constitutional & Statutory Issues: Arthrex updates, and appealing institution decisions (Click-To-Call)

Join Brooks Kushman post-grant professionals Andrew Turner, John Rondini, and Reza Esfahani as they review these developments and discuss potential strategies to maximize the benefits from these changes while avoiding potential issues.

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