Category Archives: Joint Settlement Agreements

When Joint Settlement Agreements Do Not Settle

The Patent Trial and Appeal Board’s Discretion To Maintain A Proceeding After Petitioner Termination

Under 37 CFR 42.74, parties to a trial before the Patent Trial and Appeal Board (PTAB) may mutually agree to terminate the proceeding.  However, the PTAB is not a party to the settlement and may independently determine any question of jurisdiction, patentability, or Patent Office practice irrespective of the parties’ agreement to terminate.… More