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PTAB FY 2019 Statistics Through May

PTAB FY 2019 Statistics Through May

By Doug Pearson The institution rate for post-grant challenges in current FY 2019 (Oct. 1, 2018 through May 31, 2019) stands at 63% compared to 60% in the previous fiscal year.  Through May FY 2019, 957 IPR petitions, 38 PGR petitions, and 22 CBM petitions have been...

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NEWS: USPTO Issues Updates To PTAB Trial Practice Guide

NEWS: USPTO Issues Updates To PTAB Trial Practice Guide

The USPTO has published a second update to the AIA Trial Practice Guide (TPG) containing additional guidance about trial practice before the Board. The USPTO published the original TPG in August 2012, concurrent with the promulgation of the AIA Trial Rules. A first...

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SDNY Rules Forum Selection Clause Does Not Bar IPR

SDNY Rules Forum Selection Clause Does Not Bar IPR

By Alex Li and Matt Johnson On July 2, 2019, Judge Cote of the Southern District of New York issued an opinion that denied a motion for a preliminary injunction ordering the defendant to withdraw its petitions for inter parties review (“IPR”) at the Patent Trial and...

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PTAB Orders Petitioner’s Expert to Produce Discovery

PTAB Orders Petitioner’s Expert to Produce Discovery

By  Marc S. Blackman The PTAB recently granted a Patent Owner’s motion to take additional discovery of Petitioner’s expert.  In particular, the PTAB ordered Petitioner’s expert to produce documents that identify materials he reviewed in preparing his declaration. ...

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