Analysis

New Informative PTAB Rulings Could Help Defeat AIA Reviews

Law360, New York (October 27, 2017, 9:50 PM EDT) -- A trio of decisions recently designated as "informative" by the Patent Trial and Appeal Board highlight the difficulty of challenging patents using arguments that were considered when the patent was examined, and may aid patent owners in getting inter partes review petitions denied, attorneys say.

In each of the three decisions that the PTAB flagged on Tuesday as providing guidance for litigants, the board refused to institute review of a patent because the same or similar invalidity arguments were looked at and rejected during prosecution of the patent.

By designating the decisions as "informative," one step below precedential, the board is...

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