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Patent Office Hit With Fresh Lawsuit Over Its Review Decisions (1)

Feb. 10, 2021, 8:59 PM; Updated: Feb. 10, 2021, 9:55 PM

An inventor group is suing the U.S. Patent and Trademark Office in a Texas federal court over its precedent for discretionary denials of patent validity trials.

The agency’s use of precedent on discretionary considerations at the Patent Trial and Appeal Board is a shortcut around formal rulemaking and has led to inconsistent results, US Inventor is arguing in a complaint in the U.S. District Court for the Eastern District of Texas.

The group wants the court to order the agency to go through a formal rulemaking process. It also wants the PTAB blocked from starting new patent reviews in programs ...

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