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USPTO Acting Director Coke Stewart’s introduction of settled expectations into the discretionary denial calculus for inter partes review (IPR) petitions has created an unexpected hurdle in the institution of IPRs. ...more
On June 21, USPTO Director Kathi Vidal issued a memorandum concerning the PTAB’s practice of determining whether to institute an AIA post-grant proceeding in view of the Fintiv factors. The memorandum is in part a result of...more