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Trials before the Patent Trial and Appeal Board (PTAB), introduced to U.S. patent law by the Leahy-Smith America Invents Act, are a hybrid of conventional patent prosecution and patent litigation practices. Successfully navigating a PTAB trial may entail tasks ranging from analyzing highly technical prior art to deposing scientific experts, drafting patent-claim amendments, and arguing at an oral hearing before an expert panel.
Now updated and significantly expanded, the new Second Edition of The Practitioner's Guide to Trials Before the Patent Trial and Appeal Board is a concise resource for practitioners actively involved in managing the unique aspects of PTAB trials. Having handled dozens of PTAB proceedings, the lead authors share their practical experience in this developing area and provide a unique perspective for practitioners advising clients and planning strategy during PTAB trials.
Organized for ease of use, the book's practice-focused information includes:
- A quick reference for PTAB statutes and rules
- Building patent trials into your litigation strategy
- A detailed description of a PTAB trial from petition preparation to appeals to the Court of Appeals for the Federal Circuit
- Clear references to supporting laws, rules, and regulations
The "Practical Tools" chapter compiles, in one place, the statutes, rules, and PTAB guidance covering PTAB trials, organized by topic. These are organized using a simple, standard framework including CFR citations; PTO comments during rulemaking; PTAB orders and decisions; references to the PTAB trial practice guide; and informal guidance such as PTAB training presentations. The book also provides an online site with relevant documents that can be quickly downloaded.
