In a recent episode of IPWatchdog Unleashed, patent attorney Scott McKeown of Wolf Greenfield describes the current state of the Patent Trial and Appeal Board as turbulent—and suggests that this turbulence may actually benefit patent owners. McKeown, who runs the PatentsPostGrant.com blog and is recognized as a leading practitioner in this area, discusses how shifting PTAB dynamics could alter enforcement strategies.
The conversation centers on the idea that uncertainty in PTAB procedures and outcomes can make it harder for challengers to predict success, potentially emboldening patent holders to press their claims. McKeown's perspective offers a counterpoint to the common narrative that post-grant review always favors petitioners, suggesting instead that the present moment may be a good time for patent owners to assert their rights.
Because this is a single source, the analysis reflects McKeown's viewpoint rather than a consensus. The episode does not provide specific data or case examples, but it signals that practitioners are closely watching PTAB developments for strategic openings. For companies holding patents, the takeaway is to reassess enforcement options in light of the board's current unpredictability.