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Final FY2021 PTAB Statistics Posted

Final FY2021 PTAB Statistics Posted

By Sue Gerber and Matt Johnson - The statistics from the PTAB for FY2021 are in, and the total PTAB petitions filed in FY2021 are down a bit from the previous year.  A total of 1,401 petitions were filed—IPR (1308) and PGR (93)—compared to 1513 in FY2020, 1464 in...

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Limited Experiment Protocol Discovery Granted

Limited Experiment Protocol Discovery Granted

By Paxton Lozano* and Matt Johnson - In an inter partes review (IPR), the scope of discovery is expressly stated in the C.F.R. and additional discovery must either be agreed upon by the parties or granted by the Board when it “is necessary in the interest of justice.”...

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Deposition Exhibits Allowed With Sur-Replies (Sometimes)

Deposition Exhibits Allowed With Sur-Replies (Sometimes)

By Grant Hebrank and Josh Nightingale - Under the Board’s rules, a patent owner gets to have the last word in a PTAB proceeding by filing a sur-reply to the petitioner’s reply.  Sur-replies may only respond to arguments raised in the reply, and the “sur-reply … may...

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PTAB Lifts Arthrex Remand Stay

PTAB Lifts Arthrex Remand Stay

By Evan Jones* and Matt Johnson - On October 26, 2021, Chief Administrative Patent Judge (“APJ”) Boalick lifted a May 1, 2020 stay issued by the PTAB pending the Supreme Court’s consideration of Arthrex in which 103 cases were placed in “administrative abeyance.”  The...

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