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USPTO hones in on America Invents Act with rescission of Vidal memo

By Melissa Ritti ( March 3, 2025, 17:16 GMT | Insight) -- The US Patent and Trademark Office, in an unsigned memo Friday, said it will no longer follow the guidelines for discretionary denial of post-grant review proceedings articulated by prior Director Kathi Vidal in 2022. As a result, members of the Patent Trial and Appeal Board could now have more leeway to turn down petitions for inter partes review from infringement defendants in parallel proceedings before US district courts and at the US International Trade Commission. The maneuver comes as Congress considers the bipartisan Prevail Act and its proposed streamlined framework for establishing PTAB standing.In an unsigned memo, the US Patent and Trademark Office rescinded a memorandum by its prior Director Kathi Vidal which established guidelines for issuing discretionary denials in post-grant proceedings, including inter partes review, or IPR....

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