Revised rules for PTAB trials, which were published for comment in August 2015, have now been finalized and will be effective for all petitions filed on or after May 2, 2016.

As we previously reported, the new rules clarify procedures for addressing when the PTAB will apply a Phillips-type claim construction for patents that may expire before a final written decision is issued; substitute word count limits for briefs instead of page limits; incorporate a Rule 11-like certification for papers submitted to the PTAB, and revise the time period for exchange of demonstrative exhibits prior to final hearing.
Continue Reading New Rules Permit Testimony in Support of Preliminary Response