At PTAB, Make Sure To Get It Right The 1st Time


Paul Devinsky wrote this bylined article assessing two recent orders by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board. “The key takeaways from these two proceedings are that while certain circumstances, such as a change in the law as a consequence of a [court] decision, may justify institution based on a successive petition (or proceeding), patching in additional prior art to fill voids exposed in an earlier petition does not … The emerging best practice is that petitioners are advised to put their best art forward when filing a petition.”