The recent decision by Acting USPTO Director Coke Morgan Stewart to vacate Final Written Decisions invalidating semiconductor patents marks a significant critique of the PTAB's management of time-bar issues and privity accusations under 35 U.S.C. § 315(b). This ruling not only reflects a defense for patentees against IPR terminations but also emphasizes critical concerns regarding prior art disclosures and the Board's refusal to consider district court claim construction orders, both of which could have far-reaching consequences for patent evaluations going forward.
Acting USPTO Director Coke Morgan Stewart's decision underscores a shift in handling privity issues, offering potential relief to patentees embroiled in IPR challenges.
This ruling highlights significant flaws in the PTAB's handling of time-bar regulations, revealing deeper implications for the patent review process.
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