McKool Smith principal Scott Hejny provided commentary to the Law360 article, “PTAB Limits On Amendment Rejections Spur Quality Worries.” The Patent Trial and Appeal Board (PTAB) recently ruled that the Board “should only craft its own reasons to reject proposed amended claims in ‘rare circumstances’.” This has raised concerns for many attorneys. Scott commented, “The admonition from top PTAB officials that rejections for reasons other than the petitioners should be infrequent could also make judges hesitant to go out on a limb and deem the situation before them a rare circumstance.” Read the full article here.
