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ARTICLE · 16 JULY 2024

Stakeholders Weigh In On Slimmed-Down PTAB Rules Package

RPX Corporation
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In late April, the USPTO released a long-awaited Notice of Proposed Rulemaking (NPRM) addressing discretionary denials before the Patent Trial and Appeal Board ...

United StatesIntellectual Property
RPX Corporation
RPX Corporation

June 24, 2024

In late April, the USPTO released a long-awaited Notice of Proposed Rulemaking (NPRM) addressing discretionary denials before the Patent Trial and Appeal Board (PTAB) that included just a subset of the changes from a far more sweeping—and far more controversial—proposal released in April 2023. Public comments submitted in response to the newer, more limited package by the June 18 deadline reflected feedback from a broad set of stakeholders, including licensors, frequent defendants, industry groups, and even the US Federal Trade Commission (FTC).

Serial and Parallel Petitions

One focus of the 2024 NPRM and last year's reform proposal (an Advance Notice of Proposed Rulemaking, or ANPRM), and one of the most heavily discussed in stakeholder feedback, was the issue of "repeated validity challenges to patent claims". The proposals both distinguish between "serial" petitions, which target one or more of the same claims as a first petition in another

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