Post-Grant for Practitioners: A bi-monthly series of webinars focusing on developments in post-grant proceedings and related practice tips.

Fish & Richardson is the most active firm in post-grant proceedings at the PTAB. In 2012, we kicked-off a webinar series designed to share practice tips, nuances, observations, and strategy. Recordings for previous webinars in this series are included below, with the most recent appearing first.

ARCHIVES:  2020  |  2019  |  2018  |  2017  |  2016  |  2015  |  2014  |  2013  |  2012

2021 Webinar Series

April 8, 2021

Post-Grant for Practitioners Webinar | Drafting Patent Applications to Survive IPR

The Patent Trial and Appeal Board (PTAB) is the most popular venue nationwide for patent disputes, surpassing even the Eastern District of Texas. With the explosion in popularity of post-grant proceedings, particularly inter partes review (IPR), post-grant considerations are now an integral component any thoughtful patent strategy. For patent owners, that strategy begins at the drafting stage by crafting claims that can survive IPR challenges.


In this webinar, Fish attorneys Kenneth Darby and David Holt discuss tips and tricks for drafting IPR-resistant patents, including:

  • The structural hallmarks of a strong claim set;
  • How to use dependent claims to your advantage;
  • The role of means-plus-function claims;
  • Building support for claim interpretation;
  • Seeding an invention narrative; and
  • The importance of figures

Click the link to download a copy of the webinar slides.

Kenneth Darby
David Holt

January 14, 2021

Post-Grant: 2020 Year in Review

Post-grant proceedings continue to have a significant impact on IP litigation and strategy in 2020. Despite a global pandemic and the closure of the USPTO offices, IPR filings continued at a brisk pace, reaching a total of 1,429 petitions in FY 2020, compared to 1,394 in FY 2019. The courts were also busy, with decisions touching on discretionary denials, standing, and appellate review of PTAB decisions, as well as the looming constitutional challenge to the appointment of PTAB judges that is on the Supreme Court’s docket.

In this webinar, Fish attorneys and Post-Grant Practice Co-Chairs Karl Renner and Dorothy Whelan discuss the most important post-grant developments of 2020, including:

  • Discretionary denials in light of Fintiv, the evolution of 314 jurisprudence, and challenges to the NHK-Fintiv rule
  • Appeals from institution decisions in light of Thryv and Cisco Systems
  • Appeals from Final Written Decisions in light of Argentum 
  • Appeals to the Supreme Court, including SCOTUS’ decision to hear Arthrex and what it could mean for the future of the PTAB
  • The PTAB’s nimble response to the COVID-19 crisis

Click the link to download a copy of the webinar slides.

Read the 2020 Post-Grant Report here.

Speakers: Karl Renner, Dorothy Whelan

Karl Renner
Dorothy Whelan

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