Recent Developments at the PTAB: Strategies for 2025 and Beyond

Christopher (Kit) Crumbley draws on his two decades of experience serving within the US Patent & Trademark Office and the Department of Justice to provide comprehensive intellectual property advice and counsel to businesses across all technology fields, with a particular focus on post-grant validity challenges and the appeals of those proceedings. From 2012 to 2023, Kit served as an Administrative Patent Judge with the US Patent & Trademark Office’s Patent Trial & Appeal Board (PTAB), including nearly seven years in PTAB leadership as a Lead Administrative Patent Judge. During his 11-year tenure with PTAB, he participated in more than 400 panels deciding the outcome of AIA petitions and ex parte appeals, and he personally authored over 100 decisions on institution and more than 70 final written decisions. He also frequently advised agency leadership and was deeply involved in significant PTAB and agency reform efforts, including PTAB’s Consolidated Trial Practice Guide, rulemaking on motions to amend and decision-making procedures.

Sandra Frantzen is a partner at McAndrews Held & Malloy where, for over 25 years, she has assisted clients in building intellectual property portfolios and resolving worldwide intellectual property disputes. Sandra serves as lead trial and outside counsel for start-up and Fortune 500 companies, focusing on patent litigation and intellectual property counseling in the medical device, pharmaceutical, chemical, biotechnology, beauty/aesthetics, and consumer products industries. Sandra has appeared in federal courts throughout the country, has managed worldwide patent litigations and disputes, including ones with alleged damages in the hundreds of millions. She has served as lead trial counsel in several inter partes review proceedings and has received multiple favorable decisions from the Patent Trial and Appeal Board after full trial on the merits.  Sandra also advises clients on transactional issues including strategic IP development, acquisition, protection, and enforcement. She is experienced in evaluating patent portfolios, drafting and negotiating license and manufacturing agreements, performing due diligence analysis of IP rights for corporate acquisitions and mergers, and assisting clients in obtaining patent, copyright, and trademark registrations.

Scott Weidenfeller rejoined Covington from the Patent Trial and Appeal Board (PTAB) where he served as Vice Chief Administrative Patent Judge. In this role he had significant responsibility for developing, implementing, and communicating Board policy. Scott helped lead the Board’s efforts in implementing the Supreme Court’s rulings in United States v. Arthrex, SAS Institute Inc. v. Iancu, and Oil States Energy Services, LLC v. Greene’s Energy Group, LLC., as well as numerous other court decisions. He also presided over post-issuance proceedings from filing through final decision. Prior to serving as a Vice Chief APJ, Scott worked in the Office of the Solicitor at the U.S. Patent and Trademark Office (USPTO), first as an Associate Solicitor and then as Senior Counsel for Patent Law and Litigation. He also served as Acting Deputy Solicitor. His primary responsibilities in these roles included managing litigation against the USPTO involving the America Invents Act (AIA), including challenges to PTAB post-issuance proceedings. Scott also oversaw the USPTO’s decisions on whether to intervene in appeals from PTAB decisions in both AIA post-issuance proceedings and inter partes reexaminations, and he advised the USPTO regarding the rules governing post-issuance proceedings. His responsibilities in the Solicitor’s Office also included defending PTAB decisions in cases before the district courts and the U.S. Court of Appeals, where he argued 18 appeals. During his time at the USPTO, Scott also has played an important role on every patent-related case that was heard by the U.S. Supreme Court.