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 a strong litigation skillset when before the PTAB.

..Pre-authorized sur-replies for “principal briefs” give the patent owner the last word on the merits of its issued claims.

..A renewed emphasis on patent owner’s motions to amend may continue to increase their popularity, and petitioners are now entitled to a sur-reply in support of their opposition.