Please enable JavaScript, then refresh this page. JavaScript is required on this site.

Publications

Precedential: PTAB Considers § 314(a) Factors Even When Denying Under § 325(d), PTAB Litigation Blog

May 2019

Visit the PTAB Litigation Blog.

When exercising its broad discretion on whether to institute review, the PTAB is not limited to consideration of factors associated with the type of denial it ultimately issues. In a recent decision that the PTAB designated as precedential, the PTAB denied institution under 35 U.S.C. § 325(d) after applying the Becton, Dickinson § 325(d) factors and a factor more commonly associated with its discretion under § 314(a).

Read the full article at ptablitigationblog.com.