Here is a listing of the AIA Blog’s top five posts in 2019:

  1. Just Because the PTAB Finds Some Claims Reasonably Likely to be Unpatentable, Institution is Not Guaranteed Where a Petitioner Raises Multitudinous ChallengesPost-SAS, the PTAB institution is binary only, and weak grounds may undermine the petition as a whole because the PTAB may [[use its discretion to]] deny the entire IPR petition if it concludes that insufficient claims/grounds are reasonably likely to establish unpatentability.
  2. Federal Circuit PTAB Appeal Statistics – January 15, 2019

    Finnegan maintains detailed statistics on PTAB Final Written Decisions and Federal Circuit appeals from PTAB trials. Each month, we post updates to those stats on the AIA Blog, identifying things like the percentage of PTAB trials where the Federal Circuit affirmed every issue, vacated or remanded every issue, or found a mixed outcome on appeal. We are pleased to see that these are some of the most popular posts on our AIA Blog.

  3. Supplemental Examinations and Alice: The Bare Essentials of When Not to Poke the Bear

    This post explores how one patent owner responded to the uncertainty surrounding patent-eligible subject matter with Supplemental Examination.

  4. The USPTO Creates a Sweeping New Pilot Program for Motions to AmendThis post discusses the Board’s new pilot program that attempts to give patent owners a more robust opportunity to amend claims during an AIA trial and to receive feedback from the PTAB on proposed amendments.
  5. AIA Supplemental Examination Nuts and Bolts: Get it in your toolbox and don’t leave home without it!This post outlines the details of supplemental examination, reviews the statistics of supplemental exam requests filed to date, and suggests why patent owners may want to consider this proceeding depending on their facts.

We look forward to another great year on the AIA Blog in 2020!