"This week on IPWatchdog Unleashed, I speak with Todd Walters, who is Chair of the Patent Office Litigation practice group at Buchanan. We explore the current state of Patent Trial and Appeal Board (PTAB) practice and the growing tension among stakeholders as policy changes continue to reshape post-grant proceedings. We reflect on the intensity of opinion from patent owners and petitioners and discuss the high financial stakes and strategic importance of America Invents Act (AIA) proceedings."
"Our discussion also addressed broader structural issues in patent dispute resolution, including serial challenges to patents, the emerging concept of "settled expectations," and the complexity created by parallel proceedings across the PTAB, district courts, the International Trade Commission (ITC), and the Federal Circuit. We both suggested that meaningful reform will require patent owners and petitioners to work together to develop a more predictable and balanced framework for post-grant review."
PTAB practice currently lacks predictability because shifts in USPTO leadership and Director discretion alter administration of AIA trials. Policy changes on discretionary denials, real-party-in-interest rules, and parallel litigation considerations have complicated strategic guidance for practitioners and increased financial and procedural stakes for patent owners and petitioners. Serial challenges, the emerging concept of settled expectations, and overlapping proceedings at the PTAB, district courts, ITC, and Federal Circuit create complexity and instability. Meaningful reform will require cooperation between patent owners and petitioners to develop clear, stable rules for post-grant review to reduce policy reversals and restore confidence in the patent system.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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