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Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.

Tagged ptab discretion · clear

New PTAB Precedent: 314(a) Not Just for Follow-On Petitions

PTAB Cements Institutional Discretion Back in January, I identified the Board’s expanding view of 314(a) discretion as the most significant development of 2018 . In that earlier post, I predicted that one such 314(a)/325(d) case, NHK Spring Co., Ltd.…

May 9, 2019PTAB1 min read

CAFC: PTAB Must Not Reformulate Petition Grounds

Previously Exercised Discretion Eliminated by SAS While most remember the Cuozzo appeal as challenging the Patent Trial & Appeal Board’s (PTAB) claim construction practices, it also challenged the Board’s discretion to institute claims on…

June 20, 2018PTAB2 min read