In the Reuters Legal article “Patent Reform Efforts Reflect Trends in PTAB Challenges,” partner Ted Cannon, who co-chairs the firm’s Patent Trial and Appeals Board (PTAB) trials practice group, examines the PTAB reforms proposed by the PREVAIL Act, as well as the USPTO guidance and PTAB precedent that seek to address the same issues as the proposed legislation.
Cannon focuses on three main issues throughout the article: “(1) petitions that rely on prior art or arguments the USPTO already considered, (2) multiple serial petitions filed against the same patent, and (3) petitions that rely on invalidity arguments similar to those presented to district courts or the International Trade Commission (ITC).”
Through data analysis, he demonstrates how precedential decisions such as Advanced Bionics, General Plastics, and Fintiv have changed practice before the PTAB, while also offering insight into how the PREVAIL Act might affect such precedents.
Read the full article here.
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