Litigating patent validity at the Patent Trial and Appeal Board (PTAB) requires a vastly different approach compared to district court proceedings. Engaging storytelling is ineffective, and it’s vital to understand the PTAB's rules and audience. The article emphasizes the high unpatentability rate of claims at the PTAB, which stands at 70%, underscoring the importance of experienced counsel in inter partes review (IPR). It also highlights the specialized nature of Administrative Patent Judges (APJs) and the need for precise strategies tailored to the PTAB environment.
Colorful stories about the inventor or how the invention was conceived do not impress. If you engage in storytelling, it is ineffective and makes you look like a PTAB novice.
By and large, tactics and strategies for litigating validity in district court do not apply in the PTAB, and can get you into trouble.
If you are patent owner, the PTAB is a daunting forum that finds all challenged claims unpatentable at a 70% rate.
The fate of your patent will be decided by three Administrative Patent Judges (APJs) who are highly trained specialist judges.
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