Evolving Strategies in View of Discretionary Denial

Director Deborah Sterling, Ph.D. will speak on the general session panel titled “Evolving Strategies in View of Discretionary Denial” at the 2021 PTAB Bar Association Annual Conference in Washington, DC on Thursday, September 23, 2021.

Session Overview

Now that discretionary denials are here to stay, how are petitioners avoiding them and patent owners encouraging them? Have those strategies evolved? Is ex parte reexam a viable option and does section 325(d) apply to reexam? How has the joinder calculus changed?