In this edition, we explore a new PTAB rule that allows patent owners to submit new expert testimony with their preliminary responses and discuss the impact of the new rule on institution decisions. In addition, we examine problems associated with evolving theories of unpatentability during a PTAB proceeding, and the corresponding risks for petitioners seeking success before the PTAB and Federal Circuit. This issue also addresses outcomes for inter partes review challenges to patents issuing from the 1600 Center for Biotechnology and Organic Chemistry, and considers whether life sciences patents are more difficult to challenge at the PTAB compared to other types of patents.

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