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ARTICLE · 24 OCTOBER 2019

PTAB Trial Practice Guide Update Codifies Recent PTAB Decisions And Procedure (First Of A Series)

Squire Patton Boggs LLP
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In July 2019, the Patent Trial and Appeal Board (PTAB) issued an Update to the PTAB Trial Practice Guide.

United StatesIntellectual Property
Frank Bernstein
Frank Bernstein

In July 2019, the Patent Trial and Appeal Board (PTAB) issued an Update to the PTAB Trial Practice Guide.i The July 2019 Update documents practices and procedures that the PTAB has found useful, and in some instances, summarizes or repeats practices and procedures from precedential PTAB opinions.

The US Patent and Trademark Office's announcement of the Update identifies eight areas of additional guidance.ii This post discusses the first three areas, relating to additional discovery and oral testimony; the revised claim construction standard; and submission of testimonial evidence with a patent owner preliminary response. Later posts will discuss the remaining areas, relating to institution decisions on multiple petitions; motions to amend; motions for joinder; procedures on remand; and procedures regarding the PTAB's default protective order.

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