In the Press
April 24, 2023

Future Of PTAB Denials Left Open By 'Grab Bag' Of Proposals (Law360)

A new set of proposals for when the Patent Trial and Appeal Board may use its discretion to deny patent reviews contains so many conflicting ideas that it's difficult to tell what will ultimately be adopted, but several of the suggestions could hinder challengers, attorneys say. "One of the most frustrating parts of PTAB practice is the uncertainty that surrounds discretionary denials," said Intellectual Property Litigation partner Linnea Cipriano. "So to the extent that the proposed rules will provide some clarity and certainty into what to expect from a discretionary denial, I think the rules will be well-received." The PTAB's discretionary denials have been most in the spotlight when there is parallel infringement litigation in district court. "It seems like Fintiv is here to stay. It's just in what iteration and how much of a bite it has, as far as applicability when there is a parallel litigation," Cipriano said to Law360.