2023 PTAB Year in Review: Analysis & Trends – Report

This Year in Review synthesizes key events and decisions from 2023 into a digestible guide that we hope will serve as a helpful reference for those who practice before, or adjacent to, the PTAB. As in the past, many of our articles follow a data-driven approach in order to sift out trends and to identify best practices for parties on both sides of the “v.”  As a firm that has handled over a thousand PTAB proceedings – second-most of any firm and including four inter partes reviews filed during the PTAB’s first week of operation – we apply our vast experience and data analytics to examine decisions and PTAB developments in order to provide practical insights to guide patent litigation strategy with a focus on the PTAB.

Table of Contents

• Editors’ Introduction
• 2023 PTAB Case Highlights
• 2023 Changes in Director Review
• Watch Your Step – Discretionary Denial Under 325(d) Is Alive and Kicking
• The Staying Power of Fintiv: The Effect of Parallel Litigation at the PTAB in 2023
• Key 2023 PTAB Statistics
• Standard Essential Patents at the PTAB: Are SEPs Faring Any Differently than Non-SEPs? Impacts and Analysis
• Reexamination Statistics and the Federal Circuit’s SNQ Clarification/Expansion
• The Changing Contours of IPR Estoppel Law
• Federal Circuit Cases Exploring a Year of Rules, Rulemaking, and Rule Enforcement at the PTAB