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Expert Analysis

Adapting To PTAB's Reembracing Of Discretionary Denials

By Taylor Stemler ( May 8, 2025, 6:14 PM EDT) -- In February, the U.S. Patent and Trademark Office formally rescinded its 2022 guidance that had limited the Patent Trial and Appeal Board's discretion to deny inter partes review petitions under the Fintiv framework, particularly for discretionary denial of institution under Title 35 of the U.S. Code, Section 314(a)....

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