In July 2019, the United States Patent and Trademark Office (USPTO) published a second update to the America Invents Acts (AIA) Trial Practice Guide containing additional guidance about trial practice before the Patent Trial and Appeal Board (PTAB).
Guidance included in the 2019 update
- Factors that may be considered by the Board in determining when additional discovery will be granted
- The revised claim construction standard to be used in IPR, PGR, and CBM proceedings
- The submission of testimonial evidence with a patent owner preliminary response
- Information to be provided by the parties if there are multiple petitions filed at or about the same time challenging the same patent
- Motion to amend practice
- Factors that may be considered by the Board in determining whether to grant a motion for joinder
- Procedures to be followed when a case is remanded
- Procedures for parties to request modifications to the default protective order
Trial Practice Guide resources and updates
More information about AIA trials can be found on the PTAB webpage.