Don't Forget To Request PTAB Authorization For Motions

Law360, New York (April 15, 2015, 10:24 AM EDT) -- For those new to practice before the Patent Trial and Appeal Board, it's helpful to look for insight into the board's thought processes and develop simple strategies for complying with its expectations — particularly in areas where it may diverge from other venues. When filing motions, for example, practitioners are often quite surprised to learn that essentially all motions require authorization from the board before they can be filed, and that unauthorized motions simply will not be entered into the record.[1] Although it appears that the board is employing a more flexible and less formalistic approach to considering motions filed without prior authorization and granting requests for extensions of time (at least those involving settlement of a proceeding that has not yet been instituted), it is still a best practice to follow the board's rules and request authorization....

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