People / Jonathan Bowser
Bowser Jonathan

Jonathan R. Bowser

Jonathan Bowser is a registered patent attorney focusing on patent litigation disputes before the Patent Trial and Appeal Board (PTAB) and federal district courts. Jonathan has been counsel in more than 100 AIA trials before the PTAB, representing both patent challengers and patent owners, and litigates appeals before the U.S. Court of Appeals for the Federal Circuit. He also prepares and prosecutes patent portfolios in the U.S. and abroad with a specific focus on electrical, computer, networking, and medical device technologies. Jonathan is a frequent author and presenter on post-grant issues.

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Professional Affiliations and Engagements
  • American Bar Association – Intellectual Property Law (ABA-IPL), Vice Chair of the Patent Division; Immediate Past Chair of the Post-Grant and Inter Partes Practice Committee
  • PTAB Bar Association, Trials Committee; Editor-in-Chief of the PTAB Bar Association’s Roundup, a bi-weekly report of the most relevant and interesting cases related to PTAB, district court and ITC trial practice, and Federal Circuit appeals
  • American Intellectual Property Law Association (AIPLA), Programming Chair of the PTAB Trial Committee
Publications and Speaking Engagements
  • “Recent Developments in AIA Trial Practice Before the PTAB,” presenter, AIPLA Electronic and Computer Patent Law Summit, June 15, 2022.
  • “IPR Tricks of the Trade: Director Vidal Implements Changes to PTAB Review Procedures,” co-author, Reuters, June 15, 2022.
  • “IPR Tricks of the Trade: Updates to Director Review Expected,” co-author, Reuters, May 4, 2022.
  • "Fed. Circ. Holding Recalls the Potential for PTAB Challenges," co-author, Law360, April 8, 2022.
  • “IPR Tricks of the Trade: Federal Circuit clarifies scope of IPR estoppel,” co-author, Reuters, March 24, 2022.
  • “Options for Avoiding Non-Party Estoppel Based on Prior RPI Determinations,” presenter, University of Texas Intellectual Property Law Journal Symposium, Austin, Texas, March 4, 2022.
  • “Strategies for Addressing Fintiv Challenges Before the PTAB,” speaker, Virtual Patent Gateway webinar, February 23, 2022.
  • “IPR Tricks of the Trade: Federal Circuit limits use of applicant admitted prior art,” co-author, Reuters, February 10, 2022.
  • “IPR Tricks of the Trade: Discretionary Institution When There is Parallel ITC Investigation,” co-author, Reuters, January 11, 2022.
  • “Article III Standing and IPR Appeals,” speaker, AIPLA PTAB Trial Committee Meeting, December 16, 2021.
  • “Federal Circuit Rejects Constitutional Challenge to PTAB’s Structure,” co-author, The Patent Law. 52-54 (Nov-Dec. 2021).
  • “IPR Tricks of the Trade: The Tough Task of ‘Swearing Behind’ an Asserted Prior Art Reference,” co-author, Reuters, November 26, 2021.
  • “IPR Tricks of the Trade: Contractual Obligations v. PTAB Trial Practice,” co-author, Reuters, October 7, 2021.
  • “The USPTO’s New Director Review Procedure Post-Arthrex,” co-author, ABA Landslide Magazine, September/October 2021.
  • “Under Discretion,” co-author, Intellectual Property Magazine 52-53, September 2021.
  • “IPR Tricks of the Trade: Use of Stipulations to Overcome a Fintiv Challenge in Patent Litigation,” co-author, Reuters, August 2021.
  • “IPR Tricks of the Trade: Director Review of Patent Decisions After ‘Arthrex,’” co-author, Reuters, July 16, 2021.
  • “The Scope of Post-Grant Review Estoppel,” speaker, AIPLA PTAB Trial Committee Meeting, June 17, 2021.
  • “IPR Tricks of the Trade: Not all Appeals From Patent Board are Made Equal,” co-author, Westlaw Today, June 15, 2021.
  • “Discretionary Institution,” co-author, Intellectual Property Magazine, June 1, 2021.
  • “Changes at the USPTO Under Former Director Andrei Iancu: A Retrospective,” co-author, Westlaw Today, May 24, 2021.
  • “Analysing ‘Takings Clause’ challenges to PTAB reviews,” co-author, World IP Review, May 4, 2021.
  • “Drawing the Line: Appealability of Issues in PTAB Institution Decisions,” co-author, IP & Technology Law Journal, Vol. 33 No. 5, May 2021.
  • “Article III Standing to Appeal an IPR Final Written Decision,” speaker, AIPLA PTAB Trial Committee Meeting, April 15, 2021.
  • “On Second Thoughts,” co-author, IP Magazine, April 2021.
  • “PTAB Year in Review 2020,” presenter, AIPLA PTAB Trial Committee Meeting, February 11, 2021.
  • “New Rules for Motions to Amend in AIA Trials,” presenter, AIPLA PTAB Trial Committee Meeting, January 21, 2021.
  • “How Artificial Intelligence Tools Impact the Legal Practice: What every attorney needs to know,” speaker, myLawCLE Webinar, October 29, 2020.
  • “Ringing the Changes,” co-author, Intell. Prop. Mag. 41-43 (October 2020).
  • “Discretionary Denials: What Petitioners and Patent Owners Need to Know,” moderator, AIPLA PTAB Bench & Bar, August 20, 2020.
  • “Brave New World: How AI Tools Are Used in the Legal Sector,” co-author, LegalTech News, August 12, 2020.
  • “Navigating A New Realm: AI and Patent Law,” co-author, LegalTech News, July 16, 2020.
  • “Estoppel, Forum Selection, Discretionary Denial: Where Does the PTAB Stand?,” American Bar Association - Intellectual Property Law Section and Licensing Executives Society webinar, May 27, 2020.
  • “Recent Developments in Discretionary Institution,” presenter, AIPLA PTAB Trial Committee Meeting, May 21, 2020.
  • “Video Oral Hearing Best Practices,” moderator, PTAB Bar Association Webinar, April 21, 2020.
  • “PTAB Discretionary Institution and Parallel Petitions,” co-author, The Patent Law 30-32 (Mar.-Apr. 2020).
  • “Navigating a New Realm: AI and Law,” presenter, Haynes and Boone LLP Patent Prosecution and Patent Trials Grp. Mtg., Chicago, IL (Apr. 21, 2020).
  • “Collateral Estoppel Split,” co-author, Intellectual Property Magazine, 52-53, April 2020).
  • “Recent Developments in Practice Before the Patent Trial and Appeal Board,” panelist, Advanced Patent Law Institute, Alexandria, VA, March 13, 2020.
  • “The Impact of SAS on Review of Institution Decisions, and PTAB Estoppel Update,” presenter, AIPLA PTAB Trial Committee Meeting, February 20, 2020.
  • “The Evolution of IPR Estoppel After SAS,” co-author, The Patent Law. 18-20, Jan-Feb. 2020.
  • “Appointments Clause Challenges to Administrative Patent Judges of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board,” presenter, American Bar Association 2020 Midyear Meeting, Austin, TX, February 15, 2020.
  • “Recent Developments at the PTAB,” panelist, AIPLA Annual Meeting, Washington, DC, October 25, 2019.
  • “PTAB Trial Practice: New Trial Guidance, and Precedential and Informative Decisions,” webinar, Strafford, October 10, 2019.
  • “New PTAB Precedential Decisions,” presenter, AIPLA PTAB Trial Committee Meeting, September 19, 2019.
  • “Recent Updates to PTAB Practice: Trial Practice Guide Update and Discretionary Institution,” presenter, AIPLA PTAB Trial Committee Meeting, August 15, 2019.
  • “Serial Petitions and Discretionary Denials: Pre-Institution Strategies for Petitioners and Patent Owners,” moderator, AIPLA PTAB Bench and Bar, Alexandria, VA, June 27, 2019.
  • “State Sovereign Immunity in AIA Trials,” presenter, AIPLA PTAB Trial Committee Meeting, June 20, 2019.
  • “Strategies at the Patent Trial and Appeal Board,” panelist, American Bar Association, Intellectual Property Law Section Annual Meeting, Arlington, VA, April 12, 2019.
  • “Comprehensive Updates from PTAB Rules of Practice,” panelist, Managing Intellectual Property U.S. Patent Forum 2019, New York, NY, April 2, 2019.
  • “Standard Essential Patents and Patent Pools,” moderator, Patent Administrative Law Conference, Washington, D.C., March 27, 2019.
  • “Recent Updates to Motion to Amend Practice,” presenter, AIPLA PTAB Trial Committee Meeting, March 21, 2019.
  • “Section 112 Issues in IPR Proceedings: Using Section 112 as a Sword or a Shield,” webinar, Strafford, February 14, 2019.
  • “Changing Claim Construction Standards at the PTAB: What You Need to Know,” webinar, AIPLA, November 29, 2018.
  • “New Claim Construction Standard at the PTAB,” webinar, American Bar Association, Intellectual Property Law Section, November 27, 2018.
  • “Adapting to the New PTAB Landscape,” webinar, PatentsPostGrant.com, October 24, 2018.
  • “PTAB Trial Route: The Article I Trial Court: Mechanics – Discovery, Motion Practice and Amendment,” faculty presenter, Practising Law Institute, New York, NY, September 24, 2018.

 
Qualifications

Education

J.D., American University Washington College of Law, 2002

B.A., Electrical and Computer Engineering, Lafayette College, 1999

Admissions

District of Columbia

U.S. Patent and Trademark Office

Virginia

Court Admissions

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

Publication
Eugene Goryunov, David McCombs, Jonathan Bowser Author Reuters IPR Tricks of Trade: USPTO Director’s [...]
June 17, 2022

Kathi Vidal was sworn in as the Director of the U.S. Patent and Trademark Office (USPTO) on April 13, 2022. In her brief tenure, Vidal has already implemented policy changes aimed at increasing transparency at the Patent Trial and Appeal Board (PTAB). The amount of authority the USPTO Director has to impact the PTAB’s decisions has been a hot topic for Congress, the courts, and practitioners in r [...]