This article discusses “the hottest new forum for intellectual property fights: the Patent Trial and Appeal Board” (PTAB). Since the board launched in September 2012, it has become a significant venue for patent validity challenges. Finnegan partner Erika Arner provided insight, noting, “Anytime now that a company is talking about patent litigation strategy, [the board] is going to be part of the conversation automatically.” She successfully represented SAP in the first, and to-date the only, fully litigated PTAB case. “The patent office seems serious about using the proceedings to correct errors . . . in patents that should not have been issued,” Arner said.
