Want To Avoid PTAB Discretionary Denials? Try A Stipulation

By Tiffany Hu (July 20, 2021, 7:22 PM EDT) -- As the Patent Trial and Appeal Board grapples with how to manage its discretion to deny patent reviews, petitioners should consider filing stipulations that seek to avoid potentially duplicative arguments to help move their challenges forward, a patent lawyer said during a webinar presentation on Tuesday.

Scott McKeown, chair of Ropes & Gray LLP's PTAB group, spoke at a webinar hosted by the American Intellectual Property Law Association on Tuesday, offering insight into "best practices" with regard to the PTAB's Apple Inc. v. Fintiv Inc. ruling, which set out factors where the board can exercise its discretion not to review patents...

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