Expired Patents Can Be Challenged, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review.  The PTAB recently reiterated this in Apple, Inc. v. Gesture Tech. Partners, LLC, where it instituted IPR over the patent owner’s objections to jurisdiction.  IPR2021-00922, Paper 10 (Nov. 29, 2021).

Read the full article at

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.