Brittany Penn, left, and Brandon Smith, right, of Knobbe Martens. Courtesy photos Developments at the PTAB: What Practitioners Can Learn From Vidal's 2023 Sua Sponte Director Reviews
This article reviews some of Director Kathi Vidal of the Patent Trial and Appeal Board's notable 2023 sua sponte director reviews and provides practice tips for PTAB practitioners based on those decisions.
January 26, 2024 at 09:48 AM
8 minute read
In 2023, Director Kathi Vidal exercised her authority to conduct sua sponte director reviews of Patent Trial and Appeal Board (PTAB) decisions and addressed a wide range of issues that will impact PTAB practitioners. Many of these sua sponte director reviews related to inter partes review (IPR) institution decisions, which are generally not reviewed at the PTAB and, in nearly all circumstances, are not appealable. These sua sponte director reviews provide important guidance to practitioners on many issues of PTAB practice, including the application of Fintiv, the use of applicant-admitted prior art, and the Advanced Bionics standard.
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