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- Title
The Explosive Expansion of Discretionary Denials by the PTAB and the Resulting Casualties.
- Authors
Stockslager, Katlyn
- Abstract
The article focuses on the use of discretionary denials by the Patent Trial and Appeals Board (PTAB) and its impact on post-grant proceedings. It discusses the development of discretionary denials, the PTAB's rulemaking authority, and the evolution of these denials from the inception of the America Invents Act (AIA) to the present. It also addresses the use of Fintiv factors for discretionary denials, the limitations of the Federal Circuit's authority to review such decisions.
- Subjects
UNITED States; JUDICIAL discretion; ADMINISTRATIVE procedure; LEGISLATION; AUTHORITY
- Publication
Texas Intellectual Property Law Journal, 2023, Vol 31, Issue 2, p273
- ISSN
1068-1000
- Publication type
Article