New PTAB Roadblocks & Strategies
Earlier this week I laid out my
Top 5 PTAB cases of 2020 for PTAB Practitioners, focusing on
those cases that changed day-to-day practices before the agency.
Like the practitioner list, my Top 5 PTAB developments of 2020 for
District Court Litigators will focus on those practical PTAB
developments that will impact parallel litigation practices outside
of the agency.
In 2020, there were a number developments of interest to
litigators, from litigation forums where a PTAB challenge is
foreclosed or highly unlikely, to stipulations for avoiding PTAB
discretionary denials, and new risks of collateral estoppel across
a litigated portfolio.
5. Forums That May Foreclose a Parallel PTAB
Challenge – COFC/ITC
