PTO Proposes PTAB POPR Presumption Principle Permutation, PTAB Litigation Blog

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On May 27, 2020, the USPTO announced a notice of proposed rulemaking that would affect IPR, PGR and CBM proceedings.  Most significantly, the proposed rules would eliminate the presumption in favor of petitioners for material fact issues created by a patent owner’s preliminary testimonial evidence during institution decisions.  The proposed rules would also formalize several current practices.  Specifically, the rules would require “all-or-none” institution on all challenged claims and all presented grounds in a petition.  And, sur-replies to principal briefs and replies and sur-replies to address issues in institutional decisions would be allowed.

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