USPTO Rulemaking on Discretion to Institute Trials Before the PTAB – A Balancing Act

The U.S. Patent and Trademark Office is considering promulgating rules relating to the Patent Trial and Appeal Board’s discretion to institute trials. The rulemaking will consider various factors that may go into account in the determination of whether to institute AIA trials in light of serial and parallel petitions as well as proceedings in the district courts and ITC....
By: Kilpatrick Townsend & Stockton LLP

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