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Intellectual Property,
Civil Procedure

Apr. 2, 2025

Expired patents, ongoing battles: The PTAB's power over post-expiration IPRs

See more on Expired patents, ongoing battles: The PTAB's power over post-expiration IPRs

Siegmund Gutman

Patent Litigator and Counselor; Chair of the Life Sciences Litigation Practice and Co-Chair of the Patent Litigation Practice
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Chelsea Ostrer

Associate
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Expired patents, ongoing battles: The PTAB's power over post-expiration IPRs

The Patent Trial and Appeals Board (PTAB)'s jurisdiction over Inter Partes Review (IPR) petitions is not limited to challenges brought by parties with Article III standing--any party can seek an IPR. The Federal Circuit recently confirmed that the PTAB can also hear IPR petitions related to expired patents. Apple Inc. v. Gesture Tech. Partners, LLC, 127 F.4th 364, 368-69 (Fed. Cir. 2025). As the Gesture opinion acknowledged, the PTAB had previously issued IPR decisions concern...

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