Baldo Vinti, Head of IP Litigation, answers the top questions on the US Patent and Trademark Office's (USPTO) Notice of Proposed Rules on Patent Trial and Appeal Board (PTAB) regarding the practice for briefing discretionary denial issues, and the rules for Section 325(d) considerations, termination due to settlement agreement. This Q&A discusses the proposed rules' substance and practical considerations for both petitioners and patent owners navigating inter partes review (IPR) and post-grant review (PGR) proceedings.

Reproduced with permission. Originally published August 15, 2024, "Expert Q&A on 2024 Proposed PTAB Trial Rules on Discretionary Denials and Settlement,” Practical Law.