Litigating the validity of claims in an inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB) is vastly different from litigating validity in district court. PTAB judges are scientists and engineers, and they are also patent attorneys. They have significant technical training, and most have advanced technical degrees. You can assume they know substantive patent law cold. PTAB judges represent a very different audience from a lay judge or a jury in district court.
Recent Posts
- Other Barks & Bites for Friday, May 9: USPTO Responds to GAO Report; Stewart Welcomes National Inventors Hall of Fame Inductees; CAFC Defines ‘Ground’ for IPR Estoppel Statute
- PTAB Designates as Informative Stewart Decision on Discretion to Institute in Context of Parallel District Court Litigation
- Judge Hughes Again Calls Out CAFC’s Overly Rigid Article III Analysis for Pharmaceutical Cases
- Coke Stewart’s Recent Show Cause Order Offers Hope for Addressing Serial Patent Challenges
- The USPTO Should Reintroduce the AFCP Program—Now