What Proposed PTAB Rule Change Means For Patent Owners

By Michael Stramiello (June 12, 2020, 2:29 PM EDT) -- The U.S. Patent and Trademark Office recently published a proposed rules package that would eliminate a significant, petitioner-favoring presumption that applies in Patent Trial and Appeal Board decisions on whether to institute inter partes reviews, post-grant reviews and covered business method reviews[1]

Specifically, this presumption requires the PTAB to view "in the light most favorable to the petitioner solely for purposes of deciding whether to institute" any genuine issues of material fact that are created by new testimonial evidence the patent owner submits with its preliminary response.[2]

Since the proposed rule change, if adopted, may apply to all pending proceedings in...

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