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« PTAB Life Sciences Report | Main | Panel Discussion on Oil States Services v. Greene's Energy Group »

February 01, 2018

Comments

With or with "re-briefing," does not the PTAB have to hew to the "interpretations" of law that have developed before they make their decisions?

should read: With or without...

Dear Skeptical,

In most of the instances that the Board has allowed additional briefing, it was directed to how Aqua Products impacts the Motion to Amend. For example, before Aqua Products, a petitioner only needed to explain why the patent owner did not meet its burden in establishing the patentability of the substitute claims. After the case, petitioners have requested an opportunity to explain why the substitute claims are unpatentable. Thanks.

Andrew

...the second circle chart shows percentages of 92% + 10.6% + 4.2%.

How do we arrive at a pool of 106.8% ?

That is 4 MTA’s granted for 2%, and 10 MTA’s granted-in-part for 6% (it is a comma, but a decimal point).

Thanks for the clarification on the numbers.

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