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ARTICLE · 05 APRIL 2016

New Rules Of Practice For Trials Before The PTAB

Reed Smith
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A final rule has been published with amendments to the rules of practice before the PTAB.

United StatesIntellectual Property
Gerard Donovan
Gerard Donovan
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A final rule has been published with amendments to the rules of practice before the PTAB. The amendments are effective May 2 and apply to both petitions filed on or after May 2 as well as ongoing AIA preliminary preceding or trial before the office. The rules make several changes, the most notable being:

  • Allowing patent owners to submit expert declarations with their preliminary responses
  • Requiring a Fed. R. Civ. P. 11-type certification for papers filed in a preceding and procedures for sanctions if the certification has been violated
  • Allowing a party to request district court-type claim constructions for a patent if the party certifies that it will expire within 18 months of the Notice of Filing Date Accorded

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