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Expert Analysis

An Opportunity For Patentee To Win PTAB Appeal

Law360, New York (September 21, 2016, 1:09 PM EDT) -- The Patent Trial and Appeal Board is affirmed far more often than it is reversed at the Federal Circuit, and arguments about procedural defects with the PTAB process have proven particularly unsuccessful. However, arguments about the burden of production might well be an exception to the general rule about the infirmity of procedural arguments. This point is neatly illustrated in two recent cases: In re Natural Alternatives LLC, No. 15-1911 (Fed. Cir. Aug. 31, 2016); and Dynamic Drinkware v. National Graphics Inc., 800 F.3d 1375 (Fed. Cir. 2015)....

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