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The PTAB Pendulum Swings Back to Petitioners

The PTAB’s institution rates have bounced back under Director Vidal, as discretionary denials have plummeted. Key Points: ..Petitioners are enjoying the highest institution rate since 2015-2016, driven largely by a...more

USPTO Seeks Comments on PTAB’s Discretionary Denials of Review

The USPTO may issue new rules on the current practices found in its “precedential” PTAB decisions. Key Points: ..The PTAB often denies IPR and PGR petitions for reasons other than the merits of the petition, such as the...more

US Supreme Court Will Decide Constitutionality of PTAB Judge Appointments

The Court’s decision, expected next summer, is unlikely to affect currently pending PTAB proceedings. Key Points: ..The Supreme Court will review the Federal Circuit’s decision holding that the appointments of the...more

Federal Circuit: A Party Cannot Join Itself in Existing PTAB Proceeding

The PTAB may join only parties, not issues, to existing proceedings. Key Points: ..A party may no longer join additional issues to a pending IPR. ..Defendants are most likely to be affected when more than one year...more

US Federal Circuit Court of Appeals Holds Appointment of Administrative Patent Judges Unconstitutional

The Court’s decision potentially subjects PTAB final written decisions on appeal to vacatur and remand. Key Points: ..Patent Act’s restrictions on removal no longer apply to Patent Trial and Appeal Board’s (PTAB)...more

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