How the Timing of Director Review May Affect Co-Pending Litigation

Director Review at the Patent Trial and Appeal Board (PTAB) remains a hot topic in patent law. The Director first established an interim process for Director Review in the wake of the Supreme Court’s 2021 decision in United States v. Arthrex, and the USPTO issued a Notice of Proposed Rulemaking, discussed here, that would make Director Review a permanent feature of PTAB trial proceedings….
By: Fish & Richardson