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Section 325(d) – Twelfth Time Not A Charm

Section 325(d) – Twelfth Time Not A Charm

By Sue Gerber and Matt Johnson - This blog has previously discussed PTAB’s exercise of discretion under Section 325(d).  Sometimes the PTAB has invoked Section 325(d) to deny institution; sometimes it has declined to apply Section 325(d) and instituted inter partes...

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PTAB Statistics Through Two Months of FY2022

PTAB Statistics Through Two Months of FY2022

By Matt Johnson – The institution rate for post-grant petitions in FY 2022 through the end of November 2021 (Oct. 1, 2021 through Nov. 30, 2021) stands at 66% (138 instituted, 71 denied) compared to 59% in the previous fiscal year.  The Patent Office notes that on a...

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