The PTAB Today: How Policy Shifts are Reshaping Invalidity Strategy

Under Director Squires’ leadership, the PTAB has seen reduced reliance on discretionary denials and a recalibrated role for inter partes review. This session brings together former PTAB faculty and experienced PTAB litigators to examine how institution standards are being applied in practice, why certain challenges are proving less viable than before, and when alternatives such as ex parte re-examination may offer a more effective path.

• Why challengers are re-assessing IPR risk and turning to ex parte re-examination, including trade-offs around timing, estoppel, and examiner workload.
• How patent owners are using PTAB uncertainty to influence parallel litigation and settlement leverage.
• Practical guidance on selecting and sequencing invalidity tools in the current PTAB environment
• Consider venues in alternative jurisdictions such as the EPO and UPC.