The PTAB Review - July 2021

This issue of The PTAB Review begins with a brief summary of the U.S. Supreme Court’s most recent pronouncement about America Invents Act (AIA) reviews. It then provides an update on the Patent Trial and Appeal Board’s (PTAB's) institution rates in cases where the same patent also is involved in a parallel proceeding. Next, it explores a recent U.S. Court of Appeals for the Federal Circuit analysis of standing to appeal an AIA trial. It then examines admissibility pitfalls for unpublished documents and third-party declarations. Finally, it summarizes a recent Federal Circuit decision reversing a PTAB judgment of non-obviousness.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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