USPTO Proposes PTAB Rule Revisions to Curb Serial and Parallel Challenges, Bolster Patent Reliability

The United States Patent and Trademark Office has proposed a significant overhaul of its rules for instituting inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB). Framed as a procedural reform aimed at enhancing fairness, efficiency, and predictability, the rule would narrow the circumstances under which the PTAB would institute IPRs—particularly where claims have already withstood validity scrutiny elsewhere or where parallel litigation is poised to resolve overlapping…
By: A&O Shearman