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Discretionary Denial Reversed on Rehearing in View of “New Evidence” of Stay

In a recently rendered decision, the Patent Trial and Appeal Board (“Board”) found that a subsequent stay of a parallel district court proceeding warranted a reversal of a discretionary denial of institution of inter partes...more

USPTO Rulemaking on Discretion to Institute Trials Before the PTAB – A Balancing Act

The U.S. Patent and Trademark Office is considering promulgating rules relating to the Patent Trial and Appeal Board’s discretion to institute trials. The rulemaking will consider various factors that may go into account in...more

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