Settlement Prior to Trial Institution May Not Require Filing of Settlement Documents
Back in 2015, I pointed out that an opinion of the Federal Circuit called into question the PTAB’s practice of requiring settlement documents to terminate an AIA trial preliminary proceeding. I reasoned that as the Federal Circuit interpreted “proceeding” as written in the AIA statutes as not including a preliminary proceeding in Intellectual Ventures II LLC v. JPMorgan Chase & Co. (here), that this statutory construction could impact pre-institution, settlement procedures.
All these years later, the Board has now been asked to consider the issue.
Continue Reading PTAB Changes Settlement Requirements?