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Speculation Insufficient To Justify Routine Discovery

Speculation Insufficient To Justify Routine Discovery

By Sue Gerber and Matt Johnson The PTAB has discretion to permit “routine discovery” under 37 C.F.R. §42.51(b)(1)(iii) when that discovery “is narrowly directed to specific information known to the responding party to be inconsistent with a position advanced by that...

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Indefiniteness Again Leads To Unsuccessful IPR Challenge

Indefiniteness Again Leads To Unsuccessful IPR Challenge

By T. Kaitlin Crowder, John Marlott, and Dave Cochran The PTAB may institute IPR proceedings only on the basis of certain prior art that is potentially invalidating under § 102 (novelty) or § 103 (obviousness).  The PTAB may not institute IPR on any other...

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PTAB Claim Construction Final Rule Announced

PTAB Claim Construction Final Rule Announced

The USPTO has published a final rule changing the claim construction standard applied during inter partes review (IPR), post-grant review (PGR), and the transitional program for covered business method patents (CBM) proceedings before the PTAB. The final rule replaces...

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