USPTO Seeks Comments on PTAB’s Discretionary Denials of Review

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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 advanced stage of a parallel district court case.

..The USPTO is seeking comments on its current practices for deciding when to deny IPR and PGR petitions.

Please see full Alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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