Updated Trial Practice Guide

A third version of the Trial Practice Guide issued this week as both a Federal Register notice and updates. The USPTO/PTAB updated ex parte communications, protective orders, additional discovery, live testimony, claim construction, patent owner preliminary responses, considerations in instituting a review and the content of a Decision on Whether to Institute, various issues associated with motions to amend, other motions, final decisions, rehearing requests, and protective order guidelines. This third version follows last summer’s 2018 update to the TPG. The full version is also available on the USPTO website.