Procedural Denials at the PTAB – Here to Stay?
By EsqSocial Corporation 15/04/21
Recently, the USPTO's Patent Trial and Appeal Board ("PTAB") has issued significantly more procedural denials of IPRs, including those based on the NHK Spring and Fintiv decisions. In response, petitioners have tried a variety of tactics to reduce the risk of a NHK Spring/Fintiv procedural denial. However, upcoming changes in USPTO leadership and policy may change this. Patent practitioners continue to strategize to overcome these procedural denials. Some patterns have emerged that provide...
By: White & Case LLP