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May 17, 2023

Discretionary denials of patents by the patent trial and appeal board may wane under proposed rule

See more on Discretionary denials of patents by the patent trial and appeal board may wane under proposed rule

Matthew A. Chivvis

Partner
Morrison & Foerster LLP

425 Market St 32nd Fl
San Francisco , CA 94105

Phone: (415) 268-7307

Email: mchivvis@mofo.com

University of San Francisco SOL; San Francisco CA

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Chelsea Caylin Kehrer

Associate
associate at Morrison & Foerster LLP

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In 2012, with the America Invents Act, the U.S. Patent and Trademark Office's Board of Patent Appeals and Interferences was reformed as the Patent Trial and Appeal Board (PTAB). The PTAB has since become a highly utilized venue for challenging patents in post-grant review (PGR) and inter partes review (IPR) proceedings.

Initially, there was some skepticism about whether companies litigating life sciences disputes would avail themselves of ...

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