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Patent Board Sets Precedent on Granting Validity Trials

March 25, 2020, 5:35 PM

The Patent Trial and Appeal Board has designated new precedent laying out how it decides to accept or pass on challenges relying on invalidity arguments or inventions similar to those patent examiners already considered.

The board’s precedents, which set rules on issues arising in proceedings, were issued through cases—an inter partes review and part of another—involving patents related to hearing aids.

The PTAB in recent years has designated more decisions as precedential to provide clearer guidance on validity disputes.

The board on Tuesday designated its February Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH decision not to hold...

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