The Evolving Landscape Of PTAB Proceedings: Developments, Decisions, And Best Practices (Video)

Download Slides

This program provided a comprehensive update on the rapidly changing PTAB environment and the practical implications for post-grant strategy. The presenters examined recent filing and institution trends, highlighting declining institution rates and the growing impact of discretionary denials driven by new USPTO workload initiatives, Director-led institution decisions, and the expanding role of "settled expectations."

The session explored the bifurcated institution process and summary institution notices, along with emerging discretionary considerations, including inconsistent claim construction, reliance on expert testimony, parallel litigation under the revived Fintiv framework, multiple and serial petitions, and real party in interest developments. Attendees reviewed recent precedential and informative decisions illustrating how these factors are being applied in practice and how they influence institution outcomes.