PTAB Strategies and Insights – May 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 cover:

• How the Board is weighing the Fintiv factors for IPR petitions;
• Whether forum selection clauses can prohibit IPRs; and
• How the Federal Circuit is starting to clarify Section 325(e)(2) estoppel in district court litigation.

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