How PTAB Reviews Examiner Errors For IPR Institution
Law360 (July 23, 2020, 5:51 PM EDT) -- The Patent Trial and Appeal Board has designated a handful of precedential and informative decisions relating to the board's discretion under Section 325(d) of the Patent Act to deny the institution of an inter partes review when the same or substantially the same prior art or argument was previously presented to the office.
These cases, however, almost exclusively focus on examples of when the board has exercised its discretion to deny institution. The board provides very few concrete examples in these decisions illustrating when it chooses not to use its Section 325(d) discretion based on a material error by the examiner....
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!