Associate Jennifer Bush Weighs in on the Proposed Changes to PTAB Case Briefing

The U.S. Patent and Trademark Office (USPTO) has proposed new rules for Patent Trial and Appeal Board (PTAB) cases, including a separate briefing process for discretionary denial arguments. These proposed rules may raise concerns among patent owners and their attorneys, as highlighted by Fenwick litigation associate Jennifer Bush in a recent Law360 article. While Bush notes that this change could potentially provide a shorter page length for patent owners who dedicate their entire preliminary response to discretionary issues, the overall impact remains uncertain pending further evaluation and feedback from stakeholders.

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