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October 2017

The PTAB Establishes Standards for Exercising Discretion to Deny Institution Under § 314(a) and § 325(d)

In AIA post-grant proceedings, petitioners occasionally present challenges based on prior art or argumentation that was previously presented to the…

Roger Lee

October 27, 2017

For the First Time, PTAB Extends One-Year Period to Issue Final Written Decision

By statute, the Patent Trial and Appeal Board (PTAB) is required to issue a final written decision within one year…

Buchanan PTAB Report and Buchanan PTAB Report

October 19, 2017

Federal Circuit Shifts Burdens for Motions to Amend

On October 4, 2017, the Federal Circuit, sitting en banc, issued its long-awaited decision in Aqua Products, Inc. v. Matal.…

Buchanan PTAB Report

October 10, 2017

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