The U.S. Patent and Trademark Office (USPTO) has proposed new rules for Patent Trial and Appeal Board (PTAB) cases, including a separate briefing process for discretionary denial arguments. These proposed rules may raise concerns among patent owners and their attorneys, as highlighted by Fenwick litigation associate Jennifer Bush in a recent Law360 article. While Bush notes that this change could potentially provide a shorter page length for patent owners who dedicate their entire preliminary response to discretionary issues, the overall impact remains uncertain pending further evaluation and feedback from stakeholders.
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