Archives: Trial Procedure

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The Supreme Court Will Review the Board’s Partial Institution Practice

On May 22, the U.S. Supreme Court granted SAS Institute’s Petition for Cert seeking review of the Board’s practice of instituting review of some challenged claims but not others.  In the Federal Circuit’s decision on appeal, Judge Newman offered her dissent, opining that “partial review cannot be inferred from the statute or accommodated to its … Continue Reading

The Patent Bar Talked, and the USPTO Listened: Changes Now and More to Come for AIA Trial Practice

A recent blog post by USPTO Director Michelle Lee has garnered the attention of the patent bar – and rightfully so.1 Under Lee’s leadership, the USPTO is showing a genuine willingness to change and adapt the rules governing America Invents Act (“AIA”) trials before the Patent Trial and Appeal Board (“PTAB”). In the span of less than … Continue Reading