Analysis

A Look Back At The PTAB's Summer Of Precedent

Law360 (September 5, 2019, 8:10 PM EDT) -- The Patent Trial and Appeal Board hasn’t let the dog days of summer slow it down, creating new precedent over the past few months that addressed issues including the time bar for inter partes reviews and the board’s discretion to deny review.

Five PTAB decisions have been labeled precedential since the start of summer, a designation that makes them binding on all panels at the board. Among them was the second-ever ruling from the Precedential Opinion Panel, or POP.

This builds on a wave of precedent the PTAB issued in the spring, when 11 decisions received the designation.

“They’re basically saying to...

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