Analysis

3 Takeaways From Precedential PTAB Decisions On Denials

Law360 (March 26, 2020, 8:13 PM EDT) -- Two decisions that the Patent Trial and Appeal Board recently designated precedential provide clearer guidance on when the board will exercise its discretion to deny inter partes review petitions, helping litigants understand how to argue for or against such a move, attorneys say.

The board designated two decisions as precedential and one as informative on Tuesday, in cases where the board considered whether to deny petitions challenging patents either because the patent office had already considered similar invalidity arguments or because of an impending trial in a district court case.

The board has discretion to make those calls under the America...

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