Post-Grant for Practitioners | 2021 Year in Review

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The Patent Trial and Appeal Board in 2021 continued to hold its place among the busiest and most important forums for patent disputes nationwide. There were a total of 1,403 filings in FY 2021, compared to 1,514 in FY 2020. The larger story this year, however, was Arthrex when the Supreme Court ruled in June that the PTAB would survive its constitutional challenge. With a major constitutional defect now cured, attention has returned to other long-standing issues at the PTAB, particularly discretionary denials.

Fish principals and post-grant practice co-chairs Karl Renner and Dorothy Whelan look back on a banner year for post-grant practice, including:

  • The Arthrex decision and related changes in PTAB procedures, including petitions for Director review
  • Discretionary denials (the evolution of 314 jurisprudence, including stipulations and ITC proceedings)
  • Notable PTAB decisions and appeals
  • Legislative developments

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