The PTAB has returned to a more flexible and discretionary approach to denying post-grant proceedings, reintroducing the Fintiv factors and adding new considerations such as settled expectations and USPTO workload. These...more
7/10/2025
/ AI Act ,
Artificial Intelligence ,
Budget Reconciliation ,
Copyright ,
Copyright Infringement ,
e-Books ,
Fair Use ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
USPTO
A set of recently issued memoranda by United States Patent and Trademark Office (“USPTO”) officials has re-energized the debate around discretionary denials in post-grant trials at the Patent Trial and Appeal Board (“PTAB”)....more
7/8/2025
/ Expert Testimony ,
Inter Partes Review (IPR) Proceeding ,
Judicial Authority ,
Litigation Strategies ,
New Guidance ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Prior Art ,
USPTO