Haynes and Boone, LLP Partner Raghav Bajaj talked with Bloomberg Law about some of the key expected storylines at the Patent Trial and Appeal Board in 2020.
Here is an excerpt:The Patent Trial and Appeal Board saw a significant uptick in precedent in 2019, as patent office Director Andrei Iancu began putting his stamp on the board.
More Precedents
The patent office designated at least 19 PTAB decisions as precedential in 2019. According to the agency, it didn’t designate any precedential decisions in 2018.
That higher rate of precedents—which essentially guide practitioners and PTAB judges on how procedural issues are to be handled—is expected to continue in 2020, attorneys say.
“At minimum, I would expect there to be a continued effort to mark more decisions as precedential,” said Raghav Bajaj, a partner in Haynes and Boone, LLP’s Intellectual Property Practice Group who focuses on PTAB trials. “I don’t know if that will ramp up necessarily, but I think that it will at least continue.”
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