Forghany Quoted on PTAB Litigation Uncertainty Amid USPTO Policy Shifts
Partner Ehsun Forghany was interviewed by Bloomberg Law about the new discretionary denial procedure implemented by US Patent and Trademark Office’s (USPTO) acting director, Coke Stewart, and how this policy shift has created uncertainty for both petitioners and patent owners in post-grant proceedings before the Patent Trial and Appeal Board (PTAB).
In March, the USPTO shifted its administrative tribunal mandate to restrict the path for patent validity challenges and create a new policy that sends patent reviews through office leadership before they’re considered by PTAB judges on the merits. Since the policy change, Acting Director Stewart has discretionarily denied more than 60% of the nearly 300 petitions she’s reviewed, while referring just over one third to PTAB judges for review on the merits.
Ehsun said that the shifting policy means that litigation strategies are subject to change day to day.
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