PTAB/USPTO Update - June 2023

PTAB/USPTO Update - June 2023

Client Alert



Notices, Guidance, and Requests

Final Rules

Interim Rules

  • There are no new interim rules.

Proposed Rules

PTAB Decisions

  • New Precedential PTAB Decisions
    • There are no new precedential PTAB decisions.
  • New Informative PTAB Decisions
    • There are no new informative PTAB decisions.

New Requests for POP Review

  • CrowdStrike, Inc. v. Webroot, Inc. et al. (IPR2023-00126 and IPR2022-01522) [Patent Owner requesting POP review of Institution Decisions, presenting the question of “whether the Board should weigh the complexity of consolidated district court litigation proceedings as a factor in its analysis of discretionary denial under 35 U.S.C. § 314(a)”] 
  • Facebook, Inc. v. Express Mobile, Inc. (IPR2021-01457) [Patent Owner requesting POP review of Final Written Decision, presenting the questions of “Whether a genuine dispute regarding the scope of a claim term in the context of an obviousness ground must be resolved before the final written decision of the Board can resolve the obviousness question,” and “whether four or more references can be combined to create an obviousness rejection where those references contain multiple contrary teachings that are neither filed by the petitioner with the Board nor addressed by the final written decision”] 


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