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Discretionary Denial of Post-Grant Trial
Contains material from Jan 2025
Discretionary Denial of Post-Grant Trial
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The AIA affords the USPTO Director significant discretion not to institute trial even where an IPR or PGR petition satisfies statutory standards for institution. Director guidance and the Board’s multifactor tests for the exercise of discretion have evolved significantly, and formal regulations have now been proposed. A panel of current and former ALJs discusses this critical hurdle for petitioners and the opportunity for patent owners.
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- Total Credit Hours:
- 0.75
- Credit Info
- TX, CA
- TX MCLE credit expires: 1/31/2026
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Discretionary Denial of Post-Grant Trial (Jan 2025)
David W. O'Brien, Hon. Christopher (Kit) Crumbley, Hon. Amber L. Hagy, Hon. Kristi L. R. Sawert
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0.75
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Session 1 —46 mins 0.75
Discretionary Denial of Post-Grant Trial (Jan 2025)
The AIA affords the USPTO Director significant discretion not to institute trial even where an IPR or PGR petition satisfies statutory standards for institution. Director guidance and the Board’s multifactor tests for the exercise of discretion have evolved significantly, and formal regulations have now been proposed. A panel of current and former ALJs discusses this critical hurdle for petitioners and the opportunity for patent owners.
Originally presented: Nov 2024 Advanced Patent Law Institute
David W. O'Brien,
Haynes and Boone, LLP - Austin, TX
Hon. Christopher (Kit) Crumbley,
Partner, Bracewell - Austin, TX
Hon. Amber L. Hagy,
U.S. Patent and Trademark Office, Patent Trial and Appeal Board - Austin, TX
Hon. Kristi L. R. Sawert,
Principal, Fish & Richardson P.C. - Washington, DC