Navigating PTAB's Trial Practice Guide Revisions

Law360 (September 11, 2019, 2:27 PM EDT) -- In July, the Patent Trial and Appeal Board issued an update to the PTAB Trial Practice Guide.[1] The July update documents practices and procedures that the PTAB has found useful and, in some instances, summarizes or repeats practices and procedures from precedential PTAB opinions. 

The U.S. Patent and Trademark Office’s announcement of the update identifies eight areas of additional guidance,[2] including additional discovery and oral testimony; the revised claim construction standard; submission of testimonial evidence with a patent owner preliminary response; institution decisions on multiple petitions; motions to amend; motions for joinder; procedures on remand and procedures regarding the PTAB’s default...

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