Blackletter

PTAB Takeaways


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If you're a patent owner, or patent involved, or if are defending against an infringement case. The three recent precedential decisions from the Patent Trial and Appeals Board are really important things to know about.

The overall takeaway is that the board has a lot of discretion now to deny hearing on hearing a case, a PTAB case, if, one, there's prior art that had previously been submitted to the board, or if, two, somebody is making an argument about prior art that the examiner at the US PTO previously considered, and they're not making a statement showing why the examiner erred in considering it incorrectly. And then, three, if there's an upcoming trial with a concrete trial date, you should show a scheduling order. Then Patent Trial and Appeals Board can deny hearing an IPR, because there's a scheduled trial. And because that patent, that prior art, and the issue of invalidity will be resolved at the trial. 

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BlackletterBy Thomas Dunlap

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