The Appellate Year in Review

presented by the PTAB Bar Association’s Committee on Appeals from the PTAB


Each year, the Supreme Court and the Federal Circuit issue many significant decisions impacting PTAB practice. The Appellate Year in Review, presented by the association’s Committee on Appeals from the PTAB, synthesizes the most important appellate decisions of the year and puts them into the context of the rapidly evolving PTAB practice.

The Appellate Year in Review is available to Members Only.  To access it, please click here.

 

2021 Year-in-Review Executive Summary

At the Supreme Court

Administrative Patent Judges and the Constitution: Round 3 by William G. JenksAssignor estoppel narrowed but survives after Minerva by Meredith Schoenfeld


At the Federal Circuit

What is prior art and when must it be self-enabling? by Grace Tuyiringire and Melissa BrandWhat is subject matter eligible and key takeaways by Maureen QuelerData points from Federal Circuit APA decisions by Angela M. Oliver and Matthew BeckThe PTO in operation: challenges and defenses by Kathleen Wills and Pauline PelletierDesign patent developments in PTAB appeals by Mai-Trang DangWhy district court venue affects the PTAB and vice versa by Rachel ElsbyEstoppel developments and forecasts: two decisions to know by Theo Foster and Jolene Robin-McCaskillCan forum selection clauses prohibit challenges in AIA trials? by Jon Wright and William MillikenStanding continued: justiciability and substitution by Forrest McClellanMore reviewability questions answered, still more remain by Richard BembenWritten-description challenges did really, really well last year by Daniel KazhdanBy the numbers: appeals from the PTAB to the Federal Circuit by Pauline Pelletier