America Invents Act Trials and the Challenges at the PTAB–Where Do We Go from Here?

The America Invents Act 2011 ushered in post-grant trial proceedings—namely, inter partes, post-grant, and covered business method reviews—as a means for rights holders to challenge issued patents. At first, the Patent Trial and Appeal Board (PTAB), the federal courts, and parties struggled to develop procedures and strategies to manage an unexpected wave of filings, marked by a surprisingly high number of outcomes adverse to patent owners. Now, the PTAB is nearing the end of its fifth year of trials under the act, making it a good time to consider how the process has matured, as well as its overall effect. On May 11, 2018 a group of senior IP executives working in various industries met with Intellectual Asset Management and Finnegan partners Joshua Goldberg, Tim McAnulty, and Trenton Ward to discuss the inception, trends, and future of practice before the PTAB. In this article, Finnegan attorneys compiled the key topics and takeaways from the discussion. 

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