IP Groups Split Over Proposal To End PTAB Presumption Rule

Law360 (June 30, 2020, 5:13 PM EDT) -- A U.S. Patent and Trademark Office proposal to scrap a rule that gives patent challengers the benefit of the doubt when expert testimony submitted by a patent owner contradicts the challenger's America Invents Act petition has drawn diverging responses from the Intellectual Property Owners Association and the American Intellectual Property Law Association.

Under the USPTO's 2016 rule, if testimonial evidence a patent owner submits with its preliminary response raises a genuine issue of material fact, there is a presumption in favor of the petitioner as the Patent Trial and Appeal Board decides whether to institute an AIA review of the patent. The USPTO in...

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