USPTO Memorandum Clarifies PTAB’s Treatment of Prior Proceedings, PTAB Litigation Blog
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The United States Patent and Trademark Office (USPTO) recently issued a memorandum addressing how the Patent Trial and Appeal Board (PTAB) should handle prior findings of fact and conclusions of law when adjudicating patent claims in America Invents Act (AIA) trial proceedings. The memorandum applies when the challenged claims, or substantially similar claims, have already been adjudicated in a prior proceeding before the USPTO, a district court, or the U.S. International Trade Commission (ITC). In these situations, if the PTAB reaches a different finding of fact or conclusion of law than the prior proceeding, the PTAB must explain in the institution or final written decision why a different outcome is warranted.
