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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

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

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