Principal Kenneth Darby Weighs In on Evolving USPTO Guidance

In an interview with Law360, Principal Kenneth Darby offered insight on the U.S. Patent and Trademark Office's recent application of the “settled expectations” doctrine in inter partes review institution decisions. He noted the Office's growing emphasis on petitioners clearly justifying why a review should proceed, reflecting a broader shift toward a “holistic assessment” of each case.

Excerpt: "The office further has explained that parties are encouraged to address any fact or circumstance they believe bears on whether the office should — and 'should' is italicized — should or should not institute trial." 

Read the full article: Unsettling Expectations: Stewart Broadens Denials Aga