October 26, 2022

Recent Guidance Regarding Discretionary Denials in AIA Post-Grant Proceedings Recap

On October 26, 2022, the AIA Trials Committee hosted a webinar entitled “Recent Guidance Regarding Discretionary Denials in AIA Post-Grant Proceedings.”  Unified Patent’s General Counsel, Jonathan Stroud, discussed the impact of the new guidance from the PTAB regarding discretionary denials.  Jonathan explained the evolution of discretionary denials at the PTAB and explained that the new guidance has made the denials much rarer.  Jonathan also provided enlightening “behind-the-scenes” information about why changes have been made to discretionary denials at the PTAB over the past few years.  Lastly, Jonathan discussed how parties are addressing discretionary denials in recent petitions and patent owner responses.

The AIA Trials Committee invites any interested new members to join its team. Please send an email to Joshua James or Nathan Sportel if you are interested in joining!