Claim Construction at PTAB and Its Effect On District Courts

Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the author’s opinions only.

By most accounts, post-grant trials before the Patent Trial and Appeal Board have been disruptive when it comes to resolving patent disputes. By the time this publishes, more than 5,000 petitions for a PTAB trial will have been filed. The vast majority of the patents challenged at the PTAB are also asserted in litigation. A thorough understanding of the interplay between litigation before the PTAB and infringement litigation in federal court is essential to advising clients about the ability of a PTAB trial has to change the risk profile of a dispute for better or worse. In this Law360 article, Partner Andrew Sommer focuses on one aspect of this calculus: claim construction.

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