is a partner on Alston & Bird’s Patent Prosecution, Counseling & Review Group and a coauthor of the USPTO Post-Grant Trials Handbook. Chris represents both petitioners and patent owners in post-grant proceedings and is recognized as one of the more active post-grant practitioners nationwide. Chris remains one of the few practitioners to tout confirmation of all claims in an inter partes review in a final written decision on behalf of a patent owner. In addition, he maintains a robust pre-grant patent prosecution practice. His familiarity with both pre-grant and post-grant proceedings informs his ability to counsel and secure foreign and domestic patent rights for his clients.
The business of the Patent Trial and Appeal Board (PTAB) continues on as most practitioners transition into another month of working from home. Like many courts, the PTAB has adapted its standard practices. For example, the PTAB has transitioned to remote hearings and encouraged remote depositions, but has otherwise continued to advocate for business as usual. The PTAB also appears to be accommodating requested scheduling changes. This article addresses the main highlights from recent PTAB actions to provide practitioners with additional resources as they navigate PTAB practice over the next weeks and/or months.
Wi-Fi One stands among the latest—and potentially the most important—in a series of cases that have called into question both the degree to which Congress intended to restrict the authority of federal courts to review certain decisions made by the Patent Trial and Appeal Board (PTAB) and the limits on Congress’s power to actually do so. While it remains to be seen how the en banc Federal Circuit will ultimately rule, the answer to its question will inevitably have a broad and deep impact on future inter partes review and other post-grant proceedings, Patent Office procedures, and beyond.