The PTAB Strategies and Insights Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both sides of the “v” with an eye toward providing the most current thinking on how to increase return on investment and the value of US patents. Depending on the topic, this 360 degree approach will be explored within an article or across a series of related articles.

This month we tackle three important issues:

1. There is a debate whether Rule 36 affirmance should be banned - it currently accounts for 50% of Federal Circuit decisions in PTAB appeals

2. What does it take to get evidence excluded in a PTAB proceeding

3. What is the proper remedy where the Board fails to carry its burden?