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The Intellectual Property StrategistPatent Licensing and TransactionsIntellectual PropertyFeatures

New Bifurcated PTAB Pretrial Procedure: Procedural Deep Dive and Possible Implications

By Scott Cummings
March 31, 2025

In the latest action part of a recent whirlwind of Patent Trial and Appeal Board (PTAB) policy and procedural change around the use of so-called “discretionary denial” to refuse to a challenge to the validity of a granted patent, the Acting Director of the United States Patent and Trademark Office (USPTO) Coke Morgan Stewart has issued a memorandum creating a new “bifurcated” pretrial procedure to be used for deciding whether or not to proceed with a trial in response to a petition for inter partes review or post grant review of a granted patent.

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