In the IAM article “Squires Shakes Things Up at PTAB in First Director Review Grant,” Ted Cannon discussed USPTO Director John Squires’ decision that could have an impact on the role of expert witness testimony in patent appeals.
Director Squires reversed the Patent Trial and Appeal Board’s unpatentability decision in Interactive Communications International Inc v Blackhawk Network Inc, citing the inconsistency of the patent challenger’s expert witness testimony. In doing so, the director terminated the proceeding without issuing a final written decision, prompting uncertainty around whether the decision was appealable. Speaking to this issue, Mr. Cannon suggested that USPTO regulations might still allow for an appeal of a Director Review decision of a Board final decision.
Cannon, who chairs the firm’s PTAB Trials practice group, predicted that this director review decision could increase the likelihood of final written decisions finding at least some claims patentable. However, he maintained, petitioners can still put forth convincing challenges with sufficient proof.
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