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Monday, April 5, 2021 The Patent Trial and Appeal Board (PTAB) is an administrative law body of the US Patent and Trademark Office (USTPO) that determines disputes over the issuance, reissuance, and cancellation of patent claims. The PTAB has become well known to patent litigants since the implementation in 2012 of new proceedings, including  Inter Partes Review (IPR), for challenging the patentability of issued patent claims. The Design and Use of IPRs IPRs were designed to be an alternative to litigation and are initiated with an IPR petition, which must be filed with the PTAB w...

New Challenge to IPR Discretionary Denials in View of Parallel Patent Litigation On August 31, 2020, four leading tech companies filed a declaratory action against Andrei Iancu, the Director of the U.S. Patent and Trademark Office (“USPTO”), challenging the USPTO’s discretionary authority under 35 U.S.C. § 314(a) to deny inter partes review (“IPR”) petitions in view of parallel patent litigation. Apple, Inc. v. Iancu, Case No. 5:20-CV-06128-EJD, Dkt. 1 (N.D. Cal. Aug. 31, 2020). Just two weeks later, several self-proclaimed Small Business Inventors, led by the non-profit US Inven...