Upon inception of the PTAB in 2012, Congress decreed a minimum for instituting an IPR but no affirmative requirement to do so. 37 C.F.R. §42.108(b); 35 U.S.C. §314(a). As a result, the PTAB has broad ...
Trial judges often invoke a familiar line when pressed for the reasoning behind a close call: “That’s within my discretion.” In theory, judicial discretion is a narrow tool for resolving issues where ...
Thomas R. Newman and Steven J. Ahmuty, Jr. Thomas R. Newman and Steven J. Ahmuty Jr. Before addressing this month’s topic, we want to note that 2025 will mark the 50th anniversary of Tom Newman taking ...
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