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Expert Analysis

PTAB Is Split On Its Discretionary Authority

Law360, New York (April 9, 2015, 12:24 PM EDT) -- Through the America Invents Act, the Patent Trial and Appeal Board was granted discretionary powers to determine the patentability challenges under 35 U.S.C. §§102 and 103 based on patents or printed publications. With this grant of discretionary power, the PTAB has interpreted its statutory and rule-based powers to their broadest extent, often resulting in seemingly inconsistent decisions on institution of review and joinder, and in consternation from practitioners representing petitioners and patent owners alike....

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