PTAB Strategies 2026 | Live CLE Patent Law Webinar

PTAB Strategies Heading Into 2026 | Live CLE Patent Law Webinar

Broadcast Date: Tuesday, December 16, 2025, from 12:00 PM to 1:30 PM (ET) | On-Demand 24hrs Later

Over the last 13 years, the PTAB has been an important venue for patent disputes.  Due to recent, dramatic changes at the PTAB, potential PTAB litigants need to re-think traditional strategies and analyze carefully if and how best to proceed at the PTAB.  Heading into 2026, knowing the current state of the PTAB is essential for business leaders.

Join Erin M. Dunston and Stephen E. Murray, Partners at Panitch Schwarze Belisario & Nadel LLP, for this CLE patent law webinar offering a strategic, practice-oriented session on navigating PTAB proceedings during these changing times.  Drawing on extensive experience in inter partes reviews, post-grant reviews, and complex patent litigation, they will provide actionable guidance to help attendees anticipate risks, optimize strategies, and maximize chances of success in PTAB matters.

Learning Objectives:

• Familiarity with the recent, dramatic changes at the PTAB
• Key take-aways from recent decisions
• Best practices for expert testimony and evidence presentation
• Tips for maximizing oral argument
• Strategy for settlement, appeal, and challenges to PTAB action

Agenda:

Erin Dunston, Partner, Panitch Schwarze Belisario & Nadel LLP

and

Stephen E. Murray, Partner, Panitch Schwarze Belisario & Nadel LLP

1. 2025 Significant changes to Post-grant trials
   • Squires deciding all institutions
     1. No opinion decisions
   • Bifurcated pre-institution briefings (merits vs. discretionary denial)
   • “Settled expectations” and other new or revised discretionary factors
   • Hearings back to in-person absent good cause
   • Possible changes coming – USPTO Oct. 17, 2025 NPRM (comment period closes Dec. 2)
2. Statistics
   • Historical
   • Since Recent Changes
3. Petition Planning and Preparation In View of Recent Changes
   • What we can tell from recent decisions – high level summary, then move to the following particular issues
   • Litigation interplay
     1. Claim construction
        • Revvo precedential case
        • Tesla informative case
     2. Discretionary issues
   • Real party in interest is back (designated Corning decision)
   • Ground selection
   • Expert selection and declaration
4. Patent Owner Preliminary Response Strategies
   • Exploit any and all possible discretionary grounds
5. Managing Expert Depositions
   • Preparation of expert
   • Taking deposition
6. Replies and Sur-Replies
   • Careful about potentially new arguments
7. Oral Argument
   • Argument strategies
   • Demonstratives
8. Director Review/Appeal
   • Considerations
   • What are most successful challenges at the Federal Circuit?
9. What happens now that it’s over?
   • Petitioner
   • Patent Owner
10. Settlement Strategies
    • Pre-dispute
    • Post-dispute
11. Mandamus and Administrative Procedure Act Challenges
    • Brief summary
    • Highlight a few recent attempts and the outcomes

Why Attend This Webinar?

By attending this CLE patent law webinar, you will:

• Earn CLE credit online from the comfort of your office or home.

• Access both the live webinar and the on-demand recording at your convenience.

• Gain practical insights into PTAB trends, procedures, and case law shaping patent enforcement strategies.

• Fulfill continuing legal education requirements in a practical, engaging format tailored to legal professionals.

Who Should Attend:

• In-House Counsel and Legal Executives
• Chief IP Officers
• VP of IP, and Patent Portfolio Managers
• Patent Litigators, IP Counsel, and Enforcement Specialists
• VP/Director of R&D, Head of Innovation, and Product Development Leaders
• Chief Strategy Officer, Corporate Development Executives, and Licensing Managers