PTAB/USPTO Update - August 2023

PTAB/USPTO Update - August 2023

Client Alert



Notices, Guidance, and Requests

Final Rules

Interim Rules

  • There are no new interim rules.

Proposed Rules

  • There are no new proposed rules.

Proposed Legislation

PTAB Decisions

  • New Precedential PTAB Decisions

    • In announcing the retirement of the Precedential Opinion Panel, the Director de-designated Proppant Express Investments, LLC v. Oren Techs., LLC, IPR2018-00914, Paper 38, from precedential status.

  • New Informative PTAB Decisions

    • There are no new informative PTAB decisions.

  • Director Review Decisions

    • Neurocrine Biosciences, Inc. v. Spruce Biosciences, Inc. (PGR2021-00088 & PGR2022-00025), (Director finding that the Board in stating that the Petitioner may not rely on results from a reference as evidence of inherent properties where the reference itself is not prior art, vacating the PTAB’s decision denying institution, and remanding further proceedings)

    • Keysight Technologies, Inc. v. Centripetal Networks, Inc. (IPR2022-01421), (Director granting sua sponte director review of PTAB’s discretionary denial of institution)

New Requests for POP Review

  • There are no noteworthy POP Review Requests from July 2023.


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