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2019 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

December 2019

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

View the full 2019 PTAB Digest report >>

Significant developments in 2019 included the following:

  • The USPTO adopted the Phillips claim construction standard used in district courts and at the International Trade Commission for PTAB trials.
  • The Trial Practice Guide was updated for the first time to provide guidance on a variety of procedural issues.
  • The one-year time bar was expanded to apply even when a properly served infringement complaint is dismissed without prejudice.
  • The PTAB identified limited circumstances in which petitioners may now join their own inter partes review petitions to add new issues.

The latest PTAB Digest provides an overview of PTAB statistics, trends, and updates that impact strategies and business decisions for patent owners and petitioners alike.

Please feel free to reach out to 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.