PTAB/USPTO Update - August 2022

PTAB/USPTO Update - August 2022

Client Alert


USPTO Leadership


USPTO Engagement in Russia

  • On June 1, the USPTO notified the Russian Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) of the USPTO’s intent to terminate their agreement concerning Rospatent functioning as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for international applications received by the USPTO as a Receiving Office under the Patent Cooperation Treaty (PCT). The termination will be effective December 1, 2022.

Notices, Guidance, and Requests

Final Rules

  • There are no new 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

  • Zynga Inc. v. IGT (IPR2022-00199) [Requesting POP review of Institution Decision, presenting the question of whether the Board may “retroactively waive the scope and effect of a final judgment resulting from a prior interference proceeding”]
  • Google LLC v. Parus Holdings, Inc. (IPR2022-00279) [Requesting POP review of Institution Decision on the basis that “allowing the Board’s findings in the [Institution] Decision to stand will result in irreconcilable findings with at least one other decision of the Board (the [Final Written Decision in IPR2020-00846], and potentially, two pending decisions to institute in IPR2022-00358 and IPR2022-00523).”]
  • A new request for POP review was also filed in Philip Morris Products SA v. RAI Strategic Holdings, Inc. (IPR2020-00919), but the request was subsequently dismissed as untimely.