The Patent Trial & Appeal Board (PTAB) remains a critical forum for resolving intellectual property (IP) disputes, with recent developments reshaping the landscape for both patent holders and challengers. As the PTAB’s practices and procedures continue to evolve, staying informed is essential for crafting a successful IP strategy.

Members of McDermott Will & Schulte’s IP Practice Group discussed the current state of the PTAB and its impact on patent holders.

Discussion topics included: 

• A brief overview of the PTAB and how to leverage its expedited timeline to challenge or defend patent validity
• Recent changes to the PTAB’s discretionary denial policies for inter partes review and post-grant review proceedings that may impact your filing strategy
• Recent decisions influencing estoppel at the PTAB
• Recent changes to PTAB’s permitted uses of Applicant Admitted Prior Art