Will “Compelling Merits” Institution Standard Lead To Rubber Stamp FWDs?, PTAB Litigation Blog
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If a PTAB panel finds “compelling merits” of unpatentability when making its initial institution decision, is there any realistic chance that same PTAB panel will reach a different result in the final decision at the conclusion of a post-grant proceeding? That question bears considering, as the PTAB has proposed formally adopting a “compelling merits” standard for institution of an IPR or PGR under certain circumstances.
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