Patent Board Precedent Points to Validity Review Denials (1)

Oct. 27, 2020, 3:31 PM UTCUpdated: Oct. 27, 2020, 9:28 PM UTC

A U.S. Patent and Trademark Office tribunal is denying more patent challenges, after recent agency precedent outlined new criteria for passing on reviews.

The Patent Trial and Appeal Board is a popular venue for accused infringers to attack patents held by tech companies, drugmakers and others. In fiscal year 2020 the PTAB greenlighted fewer patent review trials than in previous years, in part because it was following recent precedent under which it denies the reviews because of factors in district court trials.

Attorneys say precedent is forcing them to change how they consider PTAB trials, including filing petitions faster or ...

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