Law360 Publishes Akin Article on Recent PTAB Precedential Decisions
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Law360 has published the article “What You Missed At PTAB: Contours Of IPR Institution Denial,” written by Akin Gump intellectual property partner Andrew Holtman and senior counsel Melissa Gibson. The article looks at recent precedential decisions by the Patent Trial and Appeal Board (PTAB), in which it denied institution of a petition when related to a copending district court proceeding.
Holtman and Gibson cite three separate PTAB proceedings whose decisions “illustrate the factual circumstances that the board finds compelling when considering whether to exercise its discretion under Section 314(a) based on a parallel proceeding.” The authors then analyze some of the factors the PTAB found persuasive in making those decisions and provide corresponding practice tips.
To read the article in its entirety, please click here.