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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

PTAB Update: Patent Office Issues Final Pilot Program for Motions to Amend

Patent owners seeking amendments in PTAB proceedings will have two new options: asking for preliminary feedback, and revising their motions to amend. Key Points: ..The Final Pilot Program adds options to the amendment...more

Patent Office Issues New Guidance for PTAB Challenges

Key procedural changes mark the first update to the PTAB’s Trial Practice Guide since 2012. Key Points: ..The changes, including a new pre-hearing conference and possible live testimony, increase the importance of having...more

SAS Institute Follow-Up: New PTAB Procedures and Strategies

The PTAB’s new guidance in light of a recent Supreme Court ruling changes the dynamics for patent owners and petitioners. Key Points: ..Partial institutions are no longer permitted. The PTAB will review all petitioned...more

Supreme Court Rulings Increase the PTAB’s Importance

Oil States preserved the PTAB, and SAS Institute makes it a more important venue for patentability challenges. Key Points: ..IPR and other post-grant proceedings before the PTAB will continue. ..However, the PTAB may...more

Federal Circuit to Address En Banc Appeals Based on AIA Time-Bar

Federal Circuit to determine whether PTAB decisions concerning the America Invents Act’s one-year time-bar are appealable - Key Points: ..PTAB determinations regarding the one-year bar are not currently appealable...more

Keeping Tabs on PTAB

With the increased popularity of the Patent Trial and Appeal Board (PTAB) as a forum to resolve patent disputes, Latham has established innovative, market-leading approaches to PTAB proceedings, securing success for clients...more

Supreme Court Affirms PTAB’s “Broadest Reasonable” Claim Construction Standard

Supreme Court sides with Patent Office’s rulemaking authority. On Monday, June 20, 2016, the US Supreme Court issued its eagerly awaited Cuozzo decision, affirming the Federal Circuit’s decision. Specifically, the Court:...more

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