Pending Cases to Revisit Pruned Claims/Grounds
Today the Patent Trial & Appeal Board (PTAB) issued guidance on the impact of SAS on AIA trial proceedings. The guidance explains that:
[F]or pending trials in which a panel has
instituted trial only on some of the challenges raised in the
petition (as opposed to all challenges raised in the petition), the
panel may issue an order supplementing the institution decision to
institute on all challenges raised in the petition. ... ¶
[F]or pending trials . . . the panel may take further action to
manage the trial proceeding, including, for example, permitting
additional time, briefing, discovery, and/or oral argument,
depending on various circumstances and the stage of the
proceeding.
You can find the full guidance (here)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.