By Matt Johnson –
On June 29th, the PTO issued an initial protocol for requesting Director review of a PTAB Final Written Decision according to the Supreme Court’s Arthrex decision. This Arthrex protocol is similar to the current procedure for requesting rehearing by the Precedential Opinion Panel, where concurrent with filing a request for rehearing in the E2E system, the requesting party submits an email request to the new Director_PTABDecision_Review@uspto.gov email address, with opposing counsel cc’d.
Further details on the process and the PTAB’s views on Arthrex generally can be found here.
The Office will discuss this interim procedure in more detail during their next Boardside Chat scheduled for July 1 at 10 AM eastern.
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Matthew Johnson
Partner at Jones Day
Matt Johnson is one of the Firm's primary contacts on practice before the PTAB. Currently co-chairing the Firm's PTAB subpractice and involved in proceedings at the Board since the first day of their availability in September 2012, Matt regularly represents clients as both petitioners and patent owners at the Board. He further works as an advocate for clients in appeals from Board proceedings at the Federal Circuit.
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