The Patent Trial and Appeal Board (PTAB) recently published a second update to its Trial Practice Guide
(TPG). The TPG, initially released in 2012, was first updated in August 2018 (see
here). This second update further revises and/or adds guidance
relating to certain general procedures and many aspects of trial
practice before the PTAB.
The July 2019 update modifies the following general
procedures:
- Prohibition on Ex Parte
Communications (I.A.2)
- Protective Orders (I.E.4)
- Additional Discovery (I.F.2)
- Live Testimony (I.F.5)
- Protective Order Guidelines (Appendix
B)
In keeping with the public notice aspect of Patent Office
proceedings, a protective order will not be entered by default.
Instead, a party must propose a protective order in a motion to
seal, and the Board may approve and enter the protective order upon
a showing of good cause. The purportedly confidential information
will be protected pending a decision on the motion, and, if the
motion
