PTAB Developments, Including Discretionary Denials and Related Procedures

On February 28, the U.S. Patent and Trademark Office (“USPTO”) rescinded former Director Kathi Vidal’s 2022 memorandum outlining an interim procedure for discretionary denials and instructed parties to rely on prior PTAB precedential decisions for guidance, including Fintiv and Sotera. On March 26, the USPTO issued a memorandum creating new bifurcated procedures for discretionary denials and adding new considerations for discretionary denials. In this webinar, we will discuss the new guidance and will dive into the initial opinions on discretionary denial issued by the USPTO under the bifurcated procedures. We will also provide practical considerations and tips for petitioners and patent owners.

Topics to be discussed include:

• Bifurcated procedures
• Discretionary denial considerations
• Initial opinions and trends

Moderator:
William Neer

Presenters:
Pier DeRoo
Joshua Goldberg
Kassandra Officer