Top Ten Myths About PTAB Trials


Post-grant trial proceedings at the Patent Trial and Appeal Board are a very popular topic these days –indeed, they get a tremendous amount of attention at seminars, in print, and with blogs. Some speakers and authors have past experience in litigating cases before the Board, but most do not. As someone who has practiced for decades at the PTAB, trials at this specific venue are of special interest to the writer.

As mentioned, there’s been wave after wave of information about PTAB trial practice originating from a wide variety of sources.  The problem is that a lot of it is misinformation.

That calls to mind this quotation from Mark Twain.

“It’s not what you don’t know that causes all the trouble; it’s what you know for sure that isn’t so.”

With that in mind, let’s review some of the more common myths about PTAB post-grant trials.

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Herbert D. Hart III is a shareholder in the Chicago office of McAndrews, Held & Malloy. He has many years’ experience in litigation before the PTAB, and has served as a member of the IPO/ABA/AIPLA Expert Committee on Regulations for Conducting New PGR/IPR Procedures and as Post-Grant Issues Chair of the AIPLA Special Task Force on AIA Rulemaking. This article was adapted from a presentation Hart delivered at McAndrews, Held & Malloy’s Annual IP Symposium.

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