2018 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

June 2018

Up-to-date and well-informed insights into PTAB proceedings from our Intellectual Property practice’s PTAB Working Group.

View the full 2018 PTAB Digest report >>

Significant developments in 2017 include:

  • Judicial review of institution decisions was expanded to include time-bar determinations;
  • The burden for moving to amend challenged claims is no longer on patent owners;
  • Claim constructions raised for the first time at oral argument may now be adopted by the board;
  • Statements made by patent owners during inter partes review (IPR) proceedings can now support a finding of prosecution disclaimer in district court.

This year’s PTAB Digest also provides an overview of PTAB statistics, trends, and updates that impact strategies and business decisions for patent owners and petitioners alike.

Please reach out our PTAB Working Group Leader, Dion Bregman, if you have any comments, questions, or suggestions or would like to hear more about our PTAB experience.