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PTO Codifies Scope of Director Review in Final Rule

PTO Codifies Scope of Director Review in Final Rule

By Evan Tassis and Matt Johnson - On September 30, 2024, the USPTO issued a final rule governing the process for Director Review of proceedings under the AIA.  This formalized the USPTO’s interim Director Review procedures implemented by the USPTO following the...

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PTAB Deems Rule Set File A Printed Publication

PTAB Deems Rule Set File A Printed Publication

By Carl Kukkonen - The Patent Trial and Appeal Board (PTAB) in an inter partes review: Keysight Technologies, Inc. and Palo Alto Networks, Inc. v. Centripetal Networks, LLC found a rule set file used by a network security program to be a “printed publication” under §...

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PTO Promotes Judicial Independence in Final PTAB Rule

PTO Promotes Judicial Independence in Final PTAB Rule

By Lauren Kim and Matt Johnson - On June 12, 2024, the USPTO issued a final rule governing the pre-issuance circulation and review of decisions within the PTAB. This formalized current USPTO procedures within the Standard Operating Procedure (SOP4) adopted on October...

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PTAB Issues First Post-LKQ Design Patent Decision

PTAB Issues First Post-LKQ Design Patent Decision

By Connor Scholes and John Evans - On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. In Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024) (“Decision”), the...

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