If you were unable to join us in person at IPWatchdog Studios for PTAB Masters™ 2024, a part of the IPWatchdog Masters™ series, register now to watch the broadcast of the Navigating Parallel Patent Challenges at the PTAB, ITC, District Court and CAFC panel. This panel was recorded on January 29, 2024.

The creation of the Patent Trial and Appeal Board (PTAB) forever changed patent enforcement proceedings in the United States. While the PTAB was advertised by supporters as an alternative to expensive patent litigation, the truth has been very different. Over 80% of patent challenges filed at the PTAB relate to disputes that are ongoing in federal district court, making the PTAB an expensive hurdle to patent enforcement proceedings for most patent owners. Adding further complexity, the Federal Circuit as the reviewing appellate court for the PTAB, ITC and district court, must apply different standards with respect to adjudicating challenges to patent claims depending upon which tribunal the challenge originates.

What pitfalls await the unsuspecting petitioner or Patent Owner with respect to litigating patent challenges in parallel?  Challenging AIA patents, stays, estoppel, issue preclusion, serial and parallel PTAB petitions, and more will be discussed by our distinguished panel of PTAB practitioners and litigators.

Materials

Federal Circuit Upholds PTAB Claim Construction Conflicting with Parallel District Court Proceedings

USPTO Says Serial and Parallel PTAB Petitions Have Declined

Takeaways from PTAB’s Precedential Decision on Prior Art Analysis for AIA Patents