PTAB: no longer a death squad


PTAB: no longer a death squad

Zerbor /

The US Patent Trial and Appeal Board has come a long way since being branded “a death squad” for patents, and litigants should take note of several best practices to enhance their likelihood of winning there. WIPR speaks to two former judges to find out more.

Once accused of being a patent killer, the Patent Trial and Appeal Board (PTAB) has faced its fair share of criticism.

Blasted as “a death squad” for patents by Randall Rader, the former chief judge of the US Court of Appeals for the Federal Circuit, statistics now suggest that the landscape has changed.

In September 2011 then President Barack Obama passed the America Invents Act (AIA) into law, introducing new procedures for challenging patent validity at the US Patent and Trademark Office.

PTAB, Patent Trial and Appeal Board, inter partes review, judges, patent, covered business method reviews, Covington & Burling, Downs Rachlin Martin