Avoiding Estoppel Is Not Good Cause To Withdraw Grounds After Institution
By: Sue Gerber and Matt Johnson – The PTAB considered a petitioner’s request to withdraw certain claims from consideration during Covered Business Method Review in order to avoid the effects of Section 315 estoppel following the Supreme Court’s SAS Institute decision.
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Additional Discovery: Must Be More Than Mere Possibility
By: Tim Heverin – The PTAB elaborates on the first Garmin factor in considering a motion for additional discovery seeking documents relevant to inventorship.
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Observations: Three Weeks After Supreme Court’s SAS Institute Decision
By: Joe Sauer – A look at the Board’s institution practice three weeks after the Supreme Court’s SAS Institute decision abolished the PTAB’s partial institution practice.
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USPTO Director’s Alleged Conflict Not Imputed to PTAB Administrative Patent Judges
By: Stephanie Brooker and Carl Kukkonen – The PTAB considered whether a conflict of interest held by Director Iancu is imputed to the PTAB’s Administrative Patent Judges in view of the ABA’s Model Rules of Professional Conduct.
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Proposed Rule: No More BRI in PTAB Trials
By: Rich Graham and Matthew Johnson – The article discusses the USPTO’s Notice of Proposed Rulemaking for Claim Construction Standards used in PTAB Proceedings. In a potentially momentous change to PTAB practice, under the newly proposed rule, the PTAB will no longer apply the broadest reasonable interpretation standard during post-grant trials.
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