Sterne Kessler Publishes 2021 PTAB Year in Review: Analysis & Trends Report

Washington, D.C. (March 7, 2022) – Sterne, Kessler, Goldstein & Fox is proud to announce the publication of the 2021 PTAB Year in Review: Analysis & Trends. This report, now in its second edition, explores the USPTO Patent Trial and Appeal Board’s (PTAB) evolution with a particular focus on the interface between district court and PTAB litigation through a series of articles analyzing the most significant developments that occurred over the past year.

The introduction of the PTAB as part of the America Invents Act over a decade ago has forever changed patent litigation. Since then, thousands of petitions, hundreds of appeals, numerous constitutional challenges, and several PTO directors later, the PTAB’s importance and impact continue to grow and evolve. The newly released report explores the most recent developments.

In this edition, the authors review Fintiv and Section 325(d) denials, nuanced Section 112 issues, antedating references, motions to amend, and dealing with “bad behavior” by experts. The report also analyzes industry-specific issues related to biologics, chemicals, and standard essential patents (SEPs). The report concludes with examining ex parte reexaminations, which have recently moved back to center stage.

The publication, 2021 PTAB Year in Review: Analysis & Trends, is available for viewing in its entirety and as individual articles on the firm’s website here in both HTML and PDF formats. Additionally, the firm’s sixth annual report focused on PTAB appeals, Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions, is available here, and a new publication, 2021 Design Patents Year in Review: Analysis and Trends, is available here.

The PTAB Year in Review publication is edited by Directors Richard M. Bemben, Eldora L. Ellison, Ph.D., and Michael D. Specht. The articles are authored by fellow Sterne Kessler colleagues:

• Richard M. Bemben
• Salvador M. Bezos
• Daniel S. Block
• Eric J. Boyer
• Paige E. Cloud
• Jamie Dohopolski
• Tyler J. Dutton
• Jason D. Eisenberg
• Jason A. Fitzsimmons
• James R. Hietala
• John D. Higgins
• Tyler S. Hoge
• David H. Holman, Ph.D.
• Lestin L. Kenton, Jr.
• Pratibha Khanduri, Ph.D.
• Tyler C. Liu
• Randy Montgomery
• Steven M. Pappas
• Olga A. Partington, Ph.D.
• Pauline M. Pelletier
• Ryan C. Richardson
• Deborah Sterling, Ph.D.
• Timothy L. Tang
• Jonathan Tuminaro, Ph.D.
• Grace Tuyiringire
• Lauren A. Watt
• Kirsten Weigel-Van Aken, M.D.

About Sterne, Kessler, Goldstein & Fox

Based in Washington, D.C. and renowned for more than four decades for dedication to the protection, transfer, and enforcement of intellectual property rights, Sterne, Kessler, Goldstein & Fox is one of the most highly regarded intellectual property specialty law firms in the world. Its team of attorneys, registered patent agents, students, and technical specialists include some of the country’s most respected practitioners of IP law tackling innovations across a broad spectrum of industries. The firm’s practitioners hold over 50 masters and over 60 doctorate degrees in science or engineering and represent Fortune 500 companies, entrepreneurs, start-ups, inventors, venture capital firms, and universities in a client service driven environment that is welcoming, inclusive, and intellectually stimulating. Visit the firm online at sternekessler.com.