POP: Can PTAB Raise Ground of Unpatentability In Addressing Motion to Amend?, PTAB Litigation Blog
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During an inter partes review (IPR), it is usually the Petitioner that raises grounds of unpatentability against a Motion to Amend that the Patent Owner must defend in front of the Patent Trial and Appeal Board (PTAB). Is the PTAB allowed to raise any ground of unpatentability on its own that the Petitioner did not assert? The newly established Precedential Opinion Panel will soon address this issue.
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