The PTAB Review - November 2021

This issue of The PTAB Review begins with a brief summary of changes to America Invents Act (AIA) trials recently proposed in Congress. It then explores a recent Federal Circuit decision rejecting arguments that the Patent Trial and Appeal Board (PTAB) is structurally biased in favor of institution. Next, it provides a cautionary discussion about evidence selection and rules. Finally, it provides an analysis about when a petitioner’s case can and cannot be buttressed after the petition is filed.

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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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