Nate Kelley was quoted in The National Law Journal* article, "Patent Lawsuits Up in 2019; PTAB Filings Down," regarding PTAB's increasing reluctance to hold trials on patent validity challenges.

Nate, the former PTO solicitor and acting PTAB chief judge, said that new rules governing institution decisions may be coming into play. He notes the board is increasingly willing to invoke its Section 325(d) discretion to deny multiple petitions raising the same prior art or arguments (even from different petitioners). “There is a perception that we are inching towards a one-and-done regime,” Nate said. “The fact that a first petition was denied can be the very reason why a second petition will be denied. As a result, there is probably a lot more care going into each and every petition.”

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