PTAB Strategies and Insights – July 2021

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio.

This month we provide:

• A brief update on Arthrex and the impact it has had on pending PTAB appeals in which an Appointments Clause challenge had been raised;
• We present a guide for how a petitioner or a patent owner should navigate the Fintiv factors, with a focus on swaying factor four with court stipulations; and
• Discuss whether the PTAB can adopt a new construction of an agreed-upon term in the final written decision.

We welcome feedback and suggestions about this newsletter to ensure we are meeting the needs and expectations of our readers. So if you have topics you wish to see explored within an issue of the newsletter, please reach out to me.

Best,

Jason D. Eisenberg