On July 28, 2023, Justin Oliver was quoted in Law360 regarding Patent Trial and Appeal Board (PTAB) procedures that include permitting litigants to ask the U.S. Patent and Trademark (USPTO) director to review Patent Trial and Appeal Board decisions on whether to institute patent challenges.
According to the article, attorneys are expecting a flood of requests from litigants for the director of the USPTO to review decisions now that the option has been put on the table. Previously, the director could choose to review such decisions, but litigants couldn't ask for a review, and they were only allowed to petition the original panel to reconsider its holding.
When the only option for challenging a PTAB institution decision was "requesting rehearing from the panel that heard the case originally and decided not to institute, there's always a bit of human nature that it's tough to get someone to change their mind," said Oliver.
"Ultimately, I think having a fresh set of eyes on any issue is usually a good idea," he said.
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