This week on IPWatchdog Unleashed my conversation is with Kevin McNish, who is a registered patent attorney who represents clients in inter partes reviews (IPR), post-grant reviews (PGR), ex parte reexaminations, and other proceedings before the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO).
I invited McNish to join us for a conversation about PTAB practice and how it has evolved over the last several months, and to specifically discuss one of the more intriguing criteria being used by the USPTO to discretionarily deny institution of IPR challenges—the settled expectations of the patent owner. This factor takes into account the length of time a patent has been in force and not challenged.
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