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PTAB: no longer a death squad

May 15, 2017 , World Intellectual Property Review

Scott Kamholz and Peter Chen are quoted in a World Intellectual Property Review article examining the current landscape of the U.S. Patent Trial and Appeal Board. According to Kamholz, the PTAB has never been “out to get” patents. Kamholz also believes that trial procedures have changed "remarkably little." He says, “I remember discussing all sorts of issues in those meetings, such as how we were going to interpret certain rules, basic policies we were going to adopt in interpreting statutes, how to structure hearings, how to handle interlocutory matters, and many other things."

Commenting on how parties can improve their chances at the PTAB, Chen says that in many AIA trials, claim construction is a dispositive issue. “Parties should carefully analyze whether and how to propose constructions for key terms in the challenged claims." He adds that they should also supply relevant evidence. 

 

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