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ARTICLE · 08 AUGUST 2019

PTAB Continues To Roll Out Precedent

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The Patent Trial & Appeal Board (PTAB) has been steadily rolling out new precedent since establishing it Precedential Opinion Panel (POP).

United StatesIntellectual Property
Scott A. McKeown
Scott A. McKeown
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New Decisions Provide Guidance on Discretionary Denials

The Patent Trial & Appeal Board (PTAB) has been steadily rolling out new precedent since establishing it Precedential Opinion Panel (POP). Last Friday a few more decisions were added to the growing pile. The newest decisions: two precedential and one informative serve to clarify 325(d) and 314(a) considerations, while the third informative decision warns against excessive and voluminous prior art presentations.

First, there were two new precedential decisions:

In Becton, Dickinson & Co. v. B. Braun Melsungen AG, IPR2017-01586 (PTAB Dec. 15, 2017) (Paper 8) – (precedential as to section III.C.5, first paragraph (pages 17–18))

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