In this edition, we examine the PTAB's joinder practice that allows parties and non-parties to join new issues into already instituted proceedings, and explore the significant impact that recent Federal Circuit decisions might have on the practice. We also analyze derivation proceedings, which allow challenges to the ownership of an invention, and discuss how to best avoid common pitfalls that have plagued parties in those proceedings. In addition, we examine whether constitutional challenges to PTAB proceedings currently before the U.S. Supreme Court are likely to find success. Finally, we alert readers to a decision regarding the doctrine of assignor estoppel, which was recently designated precedential, and its inapplicability at the PTAB.

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