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Timing is Everything: PTAB’s Renewed Reliance on Litigation Timelines and Patent Longevity
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Timing is Everything: PTAB’s Renewed Reliance on Litigation Timelines and Patent Longevity
by Dennis Crouch In 2025, the USPTO’s Acting Director Coke Morgan Stewart began implementing a new bifurcated and expanded process for PTAB trial institution decisions -- with a particularly enhanced focus on discretionary denials before a PTAB panel even considers the merits. This past week, several dozen new discretionary denials were released. These new decisions primarily focus on two justifications for denial: The status of parallel litig…
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